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Friday, March 6, 2009

Who Is The Ultimate Authority?

2009-03-06 | mysinchew.com

Today, many people are just like me. We are trying to find out the facts amidst the chaotic constitutional crisis in Perak.

We doubt whether the authority to decide the validity of the Perak Legislative State Assembly sitting under the Yellow Flame tree lies on the Speaker or the judge?

When both the Speaker and the judge intervene in the chaos and show their authorities, what should the people of Perak do?

Our limited knowledge of law told us that the Constitution is supreme and whenever there is a dispute, the judge is the “ultimate authority” and the “ultimate interpreter” of the Constitution.

"We (Supreme Court Justices) are not final because we are infallible; we know that we are infallible only because we are final."

However, Article 72(1) of the Federal Constitution that underlines the “Privileges of Legislative Assembly” reads: "The validity of any proceedings in the legislative assembly of any state shall not be questioned in any court."

The Ipoh High Court judge has eventually chosen to make his sentence before the black and white Constitution. Just as expected, the judge's decision has triggered a major debate as different lawyers and legal experts are having different views.

As the general public, we are basically “legal idiots”. Please tell us, who should we believe?

We are confused by the hopping frogs, causing us to have doubts over these people, who used to high statuses and prestiges in the society.

Is the law really fair? Why is it always so confusing?

The “Great Dissenter”, the United State Supreme Court Justice Oliver Wendell Holmes said: “The life of the law has never been logic, it has been experience”. Meanwhile, another well-known Supreme Court Justice of the United States, Robert H.Jackson said: “We (Supreme Court Justices) are not final because we are infallible; we know that we are infallible only because we are final.”

The above-mentioned famous quotes are certainly worth to be pondered over and over again.

By LIM MUN FAH/ Translated by SOONG PHUI JEE/ Sin Chew Daily | The opinions expressed by the writer do not necessarily reflect those of MySinchew


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