A Quote by Nadine Gordimer
In a democracy - even if it is a so-called democracy like our white-?litist one - the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.
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There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
For any young democracy, the most difficult but important step is burying the legacy of tyranny and establishing an economy and a government and institutions that abide by the rule of law. Every country faces challenges to the rule of law, including my own.
Although we can talk about an Indonesian democracy, or we can talk about democratic elections and democratic rituals - the trappings of democracy - we can't genuinely talk about democracy in Indonesia because there is not rule of law, and democracy without rule of law is a nonsense.
The rule of law is the basis for any democracy. And without the rule of law in democracy, you have chaos.
One who breaks an unjust law that conscience tells him is unjust ... is in reality expressing the highest respect for law ... We will not obey your evil laws.
I call government that works the best for people open society, which is basically just another more general term for a democracy that is - you call it maybe a liberal democracy. It's not only majority rule but also respect for minorities and minority opinions and the rule of law. So it's really a sort of institutional democracy.
There are those who argue that the concept of human rights is not applicable to all cultures. We in the National League for Democracy believe that human rights are of universal relevance. But even those who do not believe in human rights must certainly agree that the rule of law is most important. Without the rule of law there can be no peace.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Indonesia can hold regular elections, but if the laws do not apply to the most powerful elements in society, then there is no rule of law and no genuine democracy. The country will never become a true democracy until it takes serious steps to end impunity.
A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up the state's segregation laws was democratically elected?
There are two types of laws: there are just laws and there are unjust laws... What is the difference between the two?...An unjust law is a man-made code that is out of harmony with the moral law.
The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power, in power.
I don't think you get that ask unless you first enforce the law, and demonstrate you secured the border. And still whatever this does to our hearts, and it tugs on mine, too, but the most important thing is to restore the respect for the rule of law.
Law itself is either suspended, or regarded as an instrument that the state may use in the service of constraining and monitoring a given population; the state is not subject to the rule of law, but law can be suspended or deployed tactically and partially to suit the requirements of a state that seeks more and more to allocate sovereign power to its executive and administrative powers. The law is suspended in the name of "sovereignty" of the nation, where "sovereignty" denotes the task of any state to preserve and protect its own territoriality.
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