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Showing posts from February, 2012

Rule of Law and Cow Story

It is very surprise to observe some people do not understand the actual objectives of law. Many thought that law is supreme. Of course, yes. But please mind, even the law has its' rules. No one should be above law. If you don't respect the law, then, the whole system will collapse. The purpose of the law is to make sure the system which governs the people function effectively. Therefore the system further created the doctrine of separation of powers to check and balance on each others. And with what happenings in our country, there are tendencies seem that people who should respect and observe these principles, fail to execute duties for the sake our country and people. Cow business or any other business must always benefit the people as the whole. Otherwise there no purposes to engage such business. To conclude, the effectiveness of the natural law will always prevails against the odds. Thank you and blog to you again.

The Rule of Law and Terrorism: The Critical Implications of a New National Debate

It was a distinct honor and privilege to serve the Department of Justice for almost two years. By the way, my two years must have been dog years because it feels like I was at Justice for at least 6 years. But my experience in the Department was in many ways very satisfying. I served during some truly historic times as the Department had to play a critical role in dealing with the terrorist attacks of 9-11 and take lead in helping to restore our financial markets following the spate of corporate scandals that started with the Enron bankruptcy. As a former prosecutor and white-collar defense lawyer, the corporate fraud work was near and dear to my heart. I believe the Department's vigorous criminal enforcement in the corporate and financial areas has played a critical role in our market economy and perhaps helped stave off a wave of potentially unnecessary and unhelpful regulation. But it was the work on the terrorism front that I found special and want to talk to you ab...

Counter-terrorism rights and the rule of law: how far have we come since executive detention?

Since 9/11 the reluctance of the Government to adhere to the normal tenets of human rights-protection and the rule of law in counter-terrorism measures has been demonstrated with a fairly depressing repetitiveness. This is particularly clear in relation to pre-charge restrictions placed individuals thought to be involved in terrorist activities. In the immediate aftermath of 9/11 the rapidly enacted Anti-Terrorism Crime and Security Act of 2001 (‘ATCSA’) implemented a policy of executive detention of non-UK nationals (s.23). Little over four years later the House of Lords handed down the oft-cited and widely commented upon judgment in A v Secretary of State for the Home Department (‘ A ’) holding that the power was incompatible with the ECHR . The judgment was seen by some as striking a first, and significant, blow against the Government’s counter-terrorism agenda and as sending a clear rights-enforcing message. Through the subsequent enactment of the Prevention of Terr...

International Terrorism and the Rule of Law

The issues of terrorism are multifarious and highly complex. The lives of victims are changed forever by acts of terrorism. It is not only the immediate victims and their close relatives that are hit—one day, out of the blue—by terrorism but also society at large. Its socio psychological impacts could transform the society hit by the terrorist activities, in various forms such as restriction on personal freedom or on privacy. Outrage tends to give in to emotional reactions. While its root causes often run deep—a subject which I do not intend to go into in this forum—terrorism presents an enormous challenge to each society and to the international community as a whole. I wish to commend the initiative undertaken by the governments of Switzerland and Spain to organize this workshop in the framework of the Euro Atlantic Partnership Council and Partnership for Peace with a view to sharing the experiences and looking ahead for further co operation to tackl...

Rule of Law

Nowadays rule of law is a hot topic to be discussed in Malaysia. But interestingly it seems that many people are unaware the essence of this doctrine and it's purposes. Again, in Malaysia, who really cares about it? Malaysians seem to forget their basic fundamental rights. They tend to become the servants to the 'servants' who assume the role of the master. What are happening around the globe now are the fine reminders what the law actually can do if it is not been treated fairly. The guardians of the law supposed to play their roles to preserve the law rather than to abuse it. And if that happened then, the entire system will collapsed because people do not longer believed in it. We are heading to that direction and in my observation it is an evolution that the country is needed for the betterment of people of this country. See you soon.