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Cambridge Trained Lawyer and totally disregard Rule of Law

gingerlyn

Alfrescian (Inf)
Asset
Dear brothers and sisters,

I have an interesting article to share with you which was written by Prof Michael D Barr, a prominent Prof who often comments on Singapore regime.

Quote:
Founding PM LKY received his legal training at Cambridge and was admitted to the English Bar via the Middle Temple. I know he learnt all about rule of law and common law at Cambridge University because I have interviewed and corresponded with some of his classmates and read some of the text books he was studying.

Despite his nearly immaculate pedigree, Singapore has turned its back on rule of law and common law, and explicitly rejected any claim that it should follow or be bound by any higher principles beyond those found in the letter of its laws, as interpreted by its judges or, in many sensitive cases, by a designated Cabinet Minister.


for more info, pls download it from:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2295894
 

TracyTan866

Alfrescian (Inf)
Asset
Dear brothers and sisters,

I have an interesting article to share with you which was written by Prof Michael D Barr, a prominent Prof who often comments on Singapore regime.

Quote:
Founding PM LKY received his legal training at Cambridge and was admitted to the English Bar via the Middle Temple. I know he learnt all about rule of law and common law at Cambridge University because I have interviewed and corresponded with some of his classmates and read some of the text books he was studying.

Despite his nearly immaculate pedigree, Singapore has turned its back on rule of law and common law, and explicitly rejected any claim that it should follow or be bound by any higher principles beyond those found in the letter of its laws, as interpreted by its judges or, in many sensitive cases, by a designated Cabinet Minister.


for more info, pls download it from:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2295894

craze for power corrupts the mind
 

aerobwala

Alfrescian
Loyal
bo liao thread, Socrates said rules or laws are created by ruler for them to manage his people to his advantage. Since he is ruler, why should he follow ang mo law ?
 

escher

Alfrescian (Inf)
Asset
bo liao thread, Socrates said rules or laws are created by ruler for them to manage his people to his advantage. Since he is ruler, why should he follow ang mo law ?

If smear of shit on sole of shoe LKY cannot corrupt the law, you can be sure he will bastardise the fucking law or get his fucking trained corrupt kangaroos to interpret the law
or he just fuck the law
 

Asterix

Alfrescian (Inf)
Asset
Even a true blue Chinese educated leftist
Who once joined Cultural Revolution inspired
Street protests in the 60s in Fragrant Harbour
Understands the importance of Rule of Law
Sing America’s praises in this article below
Shame on that Cambridge trained Old Fart
Who once worked for the hated Kempeitai


Note: No time to translate, but for those somewhat challenged in the Chinese mother language, the important parts are highlighted in bold.

C觀點 - 施永青

從政府關門看美國憲政

據說,有一個內地非官方組織,受美國政府邀請,派遣一個代表團去美國參觀交流。快將出發的時候,突然接到美方消息,由於奧巴馬的預算案未及時獲得通過,美方沒有資金接待他們,訪問需要取消。

中方成員當然極為失望;他們難得有機會用公費遊美,可以順便購物探親;他們連在甚麼地方找誰拍照也早有打算,還組織了當地僑胞到機場歡迎,他們當然不想計劃泡湯。為此,他們竟妙想天開,提議由被接待方出錢,供接待方完成接待工作,好讓他們這次足以光宗耀祖的訪問可以起行。美方當然沒有機制可以接受這樣的偏方。

事件令中方成員上了很好的一課。訪問雖沒有起行,但他們對美國的政制與法治的認識都增加了很多。他們發現,原來執政黨的預算案也有機會在國會被否決的;這種事件是絕不會在人民代表大會上出現的。他們意識到,美國的三權分立並非只是說說算數,而是可以自覺履行的。

事件反映美國的政制已相當成熟,參與政治活動的人,都樂於接受憲法制定的遊戲規則,不會輸打贏要。美國總統權力雖大,但他也不可以下令把投反對票的議員也抓起來,如果他真的這樣做,那他可能連總統的位置也保不住。尼克遜只是偷錄了議員的談話,最後也得引咎辭職。


這樣的憲政傳統不是一朝一夕可以建立起來的,而是經過無數歷史事件,進行了反覆的辯論,甚至是流血戰爭,才逐步取得全民共識。由於得來不易,所以教訓深刻,遊戲規則受到普遍的尊重。戈爾的實際得票多過小布殊,但美國的憲法規定,總統要由各州的選舉人投票選出。戈爾獲得選舉人票少過小布殊,所以多選民支持也沒有用。這套方式可能已不符合現代人的某些民主理念,但戈爾並沒有輸打贏要,視之為惡法;他們並沒有組織支持者去佔領廣場,要求進行公投,逼小布殊讓位給他。

很難想像香港的政客會有這樣的風度,按他們的思路,美國的憲法已經不合時宜,且當初制訂時,並非全民參與,黑人與婦女都沒有機會投票,他們可能會藉此拒絕遵守。

但世上沒有一部憲法是完美的,憲法在制訂的過程中,無不受到歷史因素與既得利益者的制約,不可能只按抽象的理念直接倒模出來。如果我們看到憲法上有點瑕疵,就以為可以不遵守,天下將永無寧日。

奧巴馬並沒有以政府關門會損害人民利益為藉口,而拒絕按憲法辦事。這不但沒有影響美國政府的有效管治,反而令人看到美國是一個憲政健全的國家,人民在這樣的國家生活,會更有安全感。


http://www.am730.com.hk/column-177985
 
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