Even if we Cambodians are conditioned to accept the CPP’s modus operandi of “For my friends, everything; for my enemies, the law,” the truth continues to be that justice is eternal and uplifts human dignity. And for human-made laws to be just must uplift dignity. Second, what appears to be “official” or fait accompli is in reality subject to change if it manifestly violates the “supreme law of the land” and proves insupportable by the democratic process in a changing populous environment of the Cambodia Spring where citizens are the new fourth estate. The thinking may be practical for a certain period of time, when the status quo appears to be eternal, but can be nonetheless erroneous. Both my observations address a misunderstanding and misinterpretation of statutes. An “expert” may have an opinion, but it must pass the “laugh” or absurdity test. Spirit of the Law If, after looking at the language or “letter” of the Constitution, the meaning of the statute remains unclear, we divine the intent of the law by looking at the history, process and other sources. Generally, we disregard any interpretation that would create an absurd result which the original drafters and lawmakers did not intend. Or, what one of my law professors posits: “Does it pass the laugh test?” With the present political impasse, the issue is whether the sole presence of the CPP satisfy the Constitutional intent of “a multi-party liberal democratic regime guaranteeing human rights and the respect of law” (Preamble, Art. 51) and the answer is a resounding NO!. [...] TOTALITY OF CIRCUMSTANCES Law is man-made, prone to error and manipulation; justice is eternal. Law—customary or written—evolves from a desire to order society for human flourishing, the welfare of human dignity, in short, for justice. The interpretation of the law must be toward justice.
Posted on: Mon, 07 Oct 2013 02:46:44 +0000
Trending Topics
Recently Viewed Topics
© 2015