What is the rule of law?


KJ John

When Dr Mahathir Mohamad went to visit the sultan of Johor, we saw that graciousness of both the sultan as the head of Johor, and Dr Mahathir as prime minister of Malaysia. – The Malaysian Insight file pic, January 20, 2019.

LEGAL experts usually talk about the differences between the rule of law versus the rule by law. Such issues and concerns, and their legal jurisprudence as it applies to life and living, are my greatest areas of interests at this point of our nation-state.

This past week, we witnessed a remarkable sight of the dignity and graciousness that all human beings are capable of. When Dr Mahathir Mohamad went to visit the sultan of Johor, we saw that graciousness of both the sultan as the head of Johor, and Dr Mahathir as prime minister of Malaysia.

In terms of jurisdiction, we have only one level of the federation, but two levels of states. What do I mean?

The federation of Malaysia is a merger of three states; that of the federation of Malay states of the peninsula, and the two states of northern Borneo, i.e. Sarawak and Sabah.

That one federal state has only one head of state: the Yang di-Pertuan Agong, which is one of the nine Malay rulers of the so-called Malay states by rotation. Penang and Malacca were Straits settlements.

Our “king” recently stepped down from his elected and selected portfolio as head of the federation. Now, we await the election and selection of the new king of Malaysia. Speculation and multiple theories about how this is done abound.

My point in this column is that we have only one king and one prime minister. Both the king and the prime minister are under the constitutionally defined portfolios of Malaysia, and their public conduct has specific rules and regulations, defined by the same.

The prime minister reminded all Malaysians that no one is above the law. Does that mean all and sundry, or are some very elitist people with “connections” above that law?

The rule of law means exactly what he said: No single Malaysian citizen or foreigner, including the royalty, is above the laws and regulations of Malaysia.

This means that the sultan of Johor must have had a valid driver’s license when he took the prime minister for a drive to the Senai airport. I am not questioning his driving skills, but if ordinary Malaysians are stopped and checked, the prime minister and sultan should be too. Also, did Dr Mahathir use his seatbelt in that ride? This also means that the Malaysian police had a right to stop and check the car, in case they were carrying illegal items!

My prayer, hope, and concern for our nation-state is that we all become good and law-abiding citizens, and work hard to make Malaysia the Switzerland of the Muslim-majority world. – January 20, 2019.

* KJ John worked in public service for 32 years, retired, and started a civil group for which he is chairman of the board. He writes to inform and educate, arguing for integration with integrity in Malaysia. He believes such a transformation has to start with the mind before it sinks into the heart!

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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Comments


  • Also, did Dr Mahathir use his seatbelt in that ride?
    Look at the picture, obviously he did. We all salute Tun for his enormous contributions to our country

    Posted 5 years ago by Chee yee ng · Reply

  • KJ John ni budak RMC. Dia jenis nampak kesalahan orang lain dalam seluaq dalam dia sendiri. He is a weird commentator. A very UnHappy Man.

    Posted 5 years ago by [email protected] · Reply

  • If all are rule by law or of law the pertinent questions will be that the Proton Car do not have road tax registration displayed to he on the road.. Is it road worthiness when it is carrying two important cargo??

    Posted 5 years ago by Lee Lee · Reply

    • oops typo error-- do have road rax registration..... but is it road worthiness ...??

      Posted 5 years ago by Lee Lee · Reply