Sunday, August 10, 2008

The Bar Council - 4th Arm Of The Government

It is somewhat ridiculous how the Bar Council has been acting nowdays. It has infact been operating like a political party.The Bar Council in an association of lawyers. They are not lawmakers. Lawyers practise laws. Laws that is made by lawmakers i.e parlimentrians. Laws that has been passed by the House of Representatives.

The democratic system of governance involves 3 bodies. The Legislative, The Executive branch and the Judiciary. The Legislative is consist of lawmakers or parlimentrians. The Executive branch is the government of the day which administer and govern. The judiciary is the branch that practise and uphold the laws that is pass by the Legislative or parliment. Appointed judges makes up th judiciary of the country. The judiciary branch by right has no powers to change, ammend or question laws that has been passed by parliment.

The term judicial independence has no merit actually. It has no powers to set rules or makes it's own laws. Appointment of judges are recommended by the Executive branch and final approval by the Agong (King). The democratic system of governance, in judicial terms, follows these steps. Parliment to Executive to Judiciary. This is how it is done.

The Bar Council however, beleive in Judicial independence. But their version of judicial independence is somewhat ridiculous. It seems that according to them, the Judiciary itself has powers to govern the country and question, change and ammend laws to fit it's needs. The judiciary itelf even has powers to question the Constitution. The Bar Council which is as everyone knows is a lawyers association. Lawyers are not lawmakers. They are not politician. Politician makes up parliment which is elected by the people.

It seems that the Bar Council is now behaving like a political party. In fact, not like any political party which needs to be elected by the people, they dont even need to stand for election and yet has the ability to influence the system of governance of the country. Through the so called judicial independence, this could be achived. The lawyers are term lawmakers and can do what ever they want to fit their needs.

The ruckus regarding the forum to discuss certain aspect of the Constitution is not only wrong but uncalled for. It would be parlimentrians that would be discussing it. Not the Bar Council. They are not the people representative. Parliment is the place to discuss any change or ammendments to the Constitution which needs a 2/3 majority if it were to pass.

The Bar Council went overboard when it made the forum to discuss Islam in the Constitution. To make ammendments giving the civil courts powers to block the syariah courts regarding islamic cases. This is wrong. In any democratic country, no association of lawyers can do this. Like i said, they are merely lawyers by profession. They are not the people representatives.

The Bar Council is playing with fire. They not only become a bunch of power crazed lawyers but has become a group of extremist bend on dismantling the foundations of the nation. Anything to suite the twisted agendas.

Note: If you want to become a politician, stand for an election.

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