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CAN A MERE ARBITRARY APPOINTMENT THAT ARBITRARILY DISPENSES WITH THE RULE OF LAW AND CITIZENS CONSTITUTIONALLY ENTRENCHED DEMOCRATIC ELECTORAL MANDATE BE VALID AND CONSTITUTIONAL?

Posted by Hakimi Abdul Jabar on March 18 2020, 08:03am

 

 

CAN A MERE ARBITRARY APPOINTMENT THAT ARBITRARILY DISPENSES WITH THE RULE OF LAW AND CITIZENS CONSTITUTIONALLY ENTRENCHED DEMOCRATIC ELECTORAL MANDATE BE VALID AND CONSTITUTIONAL?

 
 

I have ceased active legal practice, and thus, am not a legal practitioner. Nevertheless, the latest posting by the learned and honourable senior lawyer GK Ganesan has actually torn into pieces the very fabric of the crude and unsophisticated reasonings imposed on our constitutionally protected democratic populace due to the arbitrary appointment of an arbitrary regime that has no clear and precise DEMOCRATICALLY PRONOUNCED ELECTORAL MANDATE!

 

Monsieur GK Ganesan has exemplarily postulated the solid grounds of dismissing the validity of such an arbitrarily appointed regime. As Malaysians, we must count our blessings that the retired Federal Court Justice, Gopal Sri Ram is very much alive to attest to the legal ramifications of such an arbitrarily appointed regime.

 

In Sivarasa Rasiah v. Badan Peguam Malaysia & Anor [2010] 3 CLJ 521, the nation's apex court, the Federal Court had clearly stated that the LAW by definition includes written law and the common law of England. This is the result when Art. 160(2) is read with s. 66 of the Consolidated Interpretation Acts 1948 and 1967. “Law” therefore means a system of law that encompasses the procedural and substantive dimensions of the rule of law. And thus for the purpose of clarification on the points of law upon which our constitutionally enshrined rights under Art. 8(1) reside.

 

When John Wycliffe's prologue "of the People, by the People, and for the People" was indelibly articulated by Abraham Lincoln as the focal point that "Democracy is direct self-government, over all the people, by all the people, for all the people" and enshrined at Gettysburg, culminated in the cardinal people's rule in the fervent pledge that this democracy "shall not perish from the earth."

 

GK Ganesan has done most of the reasonings. I can further add that John Wycliffe is not Wyclef Jean!

 

A mandate is the authority granted by a constituency to act as its representative. The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central idea of representative democracy.

 

Where is the manifest legitimate mandate via Electoral Democracy?

 
Hence, the answer must be in the negative.
 
 
 
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