Are we in a situation where there is rule of law or rule by law? A quick search and I found many sites providing definitions and/or examples of 'Rule of law vs rule by law'.
Rule of Law
Rule according to law; rule under law; or rule according to a higher law.
'The rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. In a second context the term means rule under law. No branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems...'
More:
http://legal-dictionary.thefreedictionary.com/Rule+of+Law,+the
DAP was put in a position of 'between the devil and the deep blue sea'. No matter how its leadership decided on the controversial order by ROS to have another CEC election, there will be criticisms. But the statement by Khairy stands out as one which is most unfair, given the political realities which we are in:
According to Malaysiakini's report:
DAP's new polls an admission of guilt, says Khairy
'Umno Youth chief Khairy Jamaluddin has called DAP’s decision to hold a fresh central executive committee (CEC) an “admission of guilt”.'
More:
http://www.malaysiakini.com/news/238448
DAP might have some of the best lawyers in the party, but with biased laws and judiciary, it can never escape the possibility of de-registration of the party, given the wide powers of ROS, who can make decisions without having to give any reason, and those decisions probably have very limited legal recourse.
DAP leaders could only rant and rave about the unfairness of ROS's refusal to provide any reasons for its order instructing DAP to have a reelection, but runs the real danger of being de-registered as a party which has wide implications on its elected representatives and could possibly lose Penang if Umno became the party with the most number of ADUNs which can form the state government.
I think DAP's decision to abide by ROS's order is the most pragmatic under the circumstances, though at the cost of party and some leaders' personal pride. But ROS loses more in terms of his integrity and professionalism. I am sure the public are able to see through the charade of the fictitious Father Augustus Chen and his accusations, as well as those by some members or ex-members of DAP who got moments of cheap publicity on national television channels and mainstream newspapers.
Update:
Meanwhile the lies in msm continue, with the PM quoting the 753 members (according to fictitious Father Augustus Chen's claim) on TV3's Nightline.
More about the lies...
http://blog.limkitsiang.com/2013/08/16/todays-new-straits-times-front-page-report-of-lies-about-dap-cec-re-election-signals-a-new-phase-of-the-ddd-demonisedestroy-dap-propaganda-war-with-lies-and-falsehoods/
Link
Rule of Law
Rule according to law; rule under law; or rule according to a higher law.
'The rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. In a second context the term means rule under law. No branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems...'
More:
http://legal-dictionary.thefreedictionary.com/Rule+of+Law,+the
DAP was put in a position of 'between the devil and the deep blue sea'. No matter how its leadership decided on the controversial order by ROS to have another CEC election, there will be criticisms. But the statement by Khairy stands out as one which is most unfair, given the political realities which we are in:
According to Malaysiakini's report:
DAP's new polls an admission of guilt, says Khairy
'Umno Youth chief Khairy Jamaluddin has called DAP’s decision to hold a fresh central executive committee (CEC) an “admission of guilt”.'
More:
http://www.malaysiakini.com/news/238448
DAP might have some of the best lawyers in the party, but with biased laws and judiciary, it can never escape the possibility of de-registration of the party, given the wide powers of ROS, who can make decisions without having to give any reason, and those decisions probably have very limited legal recourse.
DAP leaders could only rant and rave about the unfairness of ROS's refusal to provide any reasons for its order instructing DAP to have a reelection, but runs the real danger of being de-registered as a party which has wide implications on its elected representatives and could possibly lose Penang if Umno became the party with the most number of ADUNs which can form the state government.
I think DAP's decision to abide by ROS's order is the most pragmatic under the circumstances, though at the cost of party and some leaders' personal pride. But ROS loses more in terms of his integrity and professionalism. I am sure the public are able to see through the charade of the fictitious Father Augustus Chen and his accusations, as well as those by some members or ex-members of DAP who got moments of cheap publicity on national television channels and mainstream newspapers.
Update:
Meanwhile the lies in msm continue, with the PM quoting the 753 members (according to fictitious Father Augustus Chen's claim) on TV3's Nightline.
More about the lies...
http://blog.limkitsiang.com/2013/08/16/todays-new-straits-times-front-page-report-of-lies-about-dap-cec-re-election-signals-a-new-phase-of-the-ddd-demonisedestroy-dap-propaganda-war-with-lies-and-falsehoods/
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