From Malaysiakini
By Terence Netto
Opposition leader Anwar Ibrahim said the role of the opposition in a liberal democracy was to stay vigilant against the abuses of executive power and move society towards poverty eradication and equitable distribution of wealth.
Speaking at the Dudley Senanayake memorial lecture in Colombo late last week, Anwar praised the former Sri Lankan leader for standing up for liberal democracy and for combating poverty in stints as Prime Minister of Sri Lanka, particularly between 1965 and 1970.
Anwar essentially rehashed arguments on the philosophical bases of liberal democracy already familiar from his frequent iteration of them in international forums, but with one difference.
Instead of citing, as he habitually does, John Locke, the 17th century English philosopher who furnished the intellectual scaffolding for the erection of liberal democratic government, Anwar adverted to Albert Venn Dicey, a 19th century English theorist of the rule of law who was not only in favour of judicial remedy for executive abuse but also, it appears, for judicial activism, a different and more controversial stance.
A quotation from Dicey deployed by Anwar in the Senanayake lecture hints at the latter. Dicey said that “the rule of law is as valuable a principle today as it has ever been. For it means that the courts can see to it that powers of officials, and official bodies of persons entrusted with government, are not exceeded and are not abused, and that the rights of citizens are determined in accordance with the law enacted and unenacted.”
In this context, law “unenacted” must allude to the power of judges to make law, an issue of no small import in democracies where ordinarily the function of making the law is considered the legislature’s and that of interpreting it is the judiciary’s.
Theorists of the separation of powers are as wary of legislative overreach, which is the passing of laws having no constitutional warrant, as they are of executive abuse and of judicial activism, which happens when judges usurp the legislative function by creating rights for citizens from lacunae in the constitution.
Still, this was not the main thrust of Anwar’s argument in the Senanayake lecture, themed ‘The Role of the Opposition in a Liberal Democracy’.
Catering for the needy
Its gist was the opposition’s role as vigilant monitor of executive abuse, backed by an independent judiciary’s willingness to act as a check not only on executive abuse but also to review and restrain excesses of the legislature.
Anwar reiterated the usual platitudes on preventive detention laws having no place in a liberal democracy – Malaysia’s hoary, old and discredited Internal Security Act should be jettisoned – without saying how an opposition in a democracy would comport itself if government is menaced by a small and determined band of nihilistic terrorists, as Pakistan seems now.
Would it be in favour of preventive detention laws in the face of such dire threats, in which case constitutional principle would be at variance with practice, or would it insist on rendering the full panoply of due process to suspects?
Anwar’s reticence on this score was supplanted with exuberance on the necessity of liberal democracy to cater to the needy. He said it was no use if a liberal democracy cannot enable a market economy to produce growth, protect freedom, remove poverty and redistribute wealth.
He held that a “liberal democracy is meaningless without the state institutionalizing social safety net programs such as social security or social insurance.”
Ha added that “apart from fighting poverty and redressing other social inequities, we should never lose sight of the importance of supporting strong families, education, and protecting the environment.”
Anwar concluded by asserting the social democrat’s credo: “The paramount aim must be the attainment of a system which allows for a more equitable distribution of wealth, without which it is indeed a mockery to speak of freedom and democracy, whatever hardcore libertarians may tell us.
Stay vigilant and have a Strong Opposition Party.
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Well done DSAI on delivering this speech and mentioning about the injustice a draconian ISA law that can truly detroy the voice of freedom. I agree as well that the fight against poverty and social injustice should continue. But my question to you is WHAT HAVE YOU DONE ABOUT THIS? Fine you are the opposition leader and you may noy be running the country biut what was your contribution concerning the issue of Kg Buah Pala? Ok never mind them, that’s just a storm in a tea cup but what about addressing the issue of poverty among many Malaysians not only Indiams and malays bit including the Ibanaes, Kelabits, Penans and so on.During GE12 you rode high on the slogan MAKKAL SAKTHI but what have you done for the Malkaysian but try bto resolve political in fighting and a few minor matters that don’t mena anything to us. Your PKR reps are hardly seen on the street of Malysia but have the tine and money to travel to Paris just to meet Altantuya;s fatehr. I am not saying that we should just forget about her bit prioprties need to be set right. We have issues here in Malysia that need urgent attention such as the state of crime, the economy, the education system, PKFZ,
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Sorry i hit the submit button too soon. Here is my edited contribution:
Well done DSAI on delivering this speech and mentioning about the injustice that a draconian ISA law can do to the voice of freedom. I agree as well that the fight against poverty and social injustice should continue. But my question to you is WHAT HAVE YOU DONE ABOUT THIS? Fine you are the opposition leader and you may not be running the country but what was your contribution concerning the issue of Kg Buah Pala? Ok never mind them, that’s just a storm in a tea cup but what about addressing the issue of poverty among many Malaysians not only Indians and Malays but including the Ibanase, Kelabits, Penans and so on.During GE12 you rode high on the slogan MAKKAL SAKTHI but what have you done for the Malaysians thus far. As opposition leader you have tried to resolve political in fighting and a few minor matters that don’t mean anything to us. Your PKR reps are hardly seen on the streets of Malysia but have the time and money to travel to Paris just to meet Altantuya’ father. I am not saying that we should just forget about her but priorities need to be set right. We have issues here in Malysia that need urgent attention such as the state of crime, the economy, the education system, PKFZ, thye environment, the rape of the Penan women and loads more. The way I see it PR is just offering mere lip service and are not serious about running this country as one united coalition. I am saying these things not to put you off but to inform you concerning the things malaysians are now saying about PR. Pls look into this matter urgently and work together as one. Thank You.
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As DSAI has said that the Opposition must stay vigilant, this can be put to practice if they act in liasion and in one voice, instead of having individuals “shooting from their mouths words that actually contradict the motto of PR”! If we continue to have such characters in PR then the only logical thing to do is to “show them the RED CARPET at the exit”!!! NO TWO WAYS ABOUT IT if they want to reach Putrajaya!!!!
For now, Najib seems to do his “homework” well but then again for how long? My gut feeling tells me that “this joker” won’t last till the next GE because of the “blunder after blunder” incidences, involving MCA, MIC (not to mention UMNO), the PKFZ fiasco, TBH’s on going case, the unresolved murder involving the Mongolian woman, to name a few, are ample examples of why I have said that Najib won’t last! But with the vast “machinery” available at his disposal, he can change things to his advantage which brings me to that old saying, “Desperate people take desperate measures just to make sure they remain in power”! A more colourful Hitler in the making?! Only Malaysians can make or break Najib’s dream!!!!!!!!!!!!!!!!!!
Das
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yes pakatan mesti bersatu….padahal mmg dah bersatu…cume di perlekeh2kan oleh media umno dan barisan nasional…don worry DSAI…insya allah,Allah sentiase berade bersame orang2 yg benar…tapi DSAI agak memelikkan jugak la…ape yg DSAI plan nak buat itu ini…sume BN dah curi plan DSAI…baru2 ni….16 sept hari cuti umum…BN mencuri plan pakatan…itu yg agak memelikkan saye…derang ni suke curi idea org lain untuk memakmurkan negare ke…tak boleh…salah ni….ape yg dijanjikan tak ditunaikan…alih2 die ‘cilok’ plak…sekarang ni dengan wujudkan pasukan formula 1 malaysia..itu bg saye sume membazir sebenarnye…baik dato najib gune duit tu untuk pembangunan miskin tegar ygade kat dalam negare…ratus juta diperlukan saye anggarkan,tak pon lebih dari tu…sebenarnye minyak kat negare kkite dalam diam naik…dato najib bersame2 barisannye wujudkan 2 jenis petrol…ron 95 dan ron 97…kite ni negare pengeluar minyak,bukannye pengimport minyak…seharusnye RAKYAT DIDAHULUKAN…rakyat mesti dapat yg terbaik denagn harge yg lebih murah…ape salahnye minyak ron95 dikurangkan kepade RM 1.65 dan ron 97 ditetapkan harge dengan nilai RM1.80…banyak manfaat nye….dari wujudkan formula 1 malaysia….ini lagi baik…banyak lagi nak bercoleteh , hehe…tapi mase mencemburui saye..heehe…saya respect dengan perjuangan DSAI..kekadang rase sedih sangat kenape la byk sgt perkare zalim yg direka untuk jatuhkan DSAI…BN sebenarnye takut akan kebangkitan DSAI…DSAI mempunyai ciri pemimpin yg ikhlas,dedikasi,kuat smangat…saye doakan DSAI sehat…naluri saye kate…DSAI bole pimpin negare ni dengan baiksekali ,INsyaALLAH…
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ZorroTeam Reply:
October 23rd, 2009 at 7:14 am
WHAT DSAI Follower said is absolutely “Correct,correct,correct…!!!”Idea Idea PR,BN/UMNO copy and SPIN them as if,its their own and claim credit as the great 1Malaysia idea…Thats why PR got to record and also put on RECORD all these :GOOD ideas for the RAKYAT,so that the Rakyat
knows that originally its PR ideas,NOT a spiced up BN/UMNO ones….
Do you realise tak,Najib and his kuncu kuncu are now asking the RAKYAT for GOOD ideas to Implement??????Coz,they and BN/UMNO are just short of good ideas and simply have NONE….!!!
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Imagine that nobody harbors racial animus or prejudice. ,
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