Thursday, November 19, 2009

Why we have to abolish ISA?

I'm not going to argue on the legal basis of why ISA should be amended, but will look at the philosophical aspect of law making. At the same time distinguished between amendmend and abolishing.

In the process of amending a law, only the relevant provisions will be altered or repealed. When the amendment was debated, the spirit of the original Act will be taken into consideration. Thus in the case of ISA, the amendment to the relevant provisions will be shadowed by the 1960 ISA, i.e communist threat. This will do no good to the new law, the importance of protection to fundamental rights and liberties is debated based on an outdated spirit.

Abolishment and drafting a new law will enable the debate on the new law to take place in the voice and ideas suited to the current situation, era of human rights. This is more appropriate. If we need to starts, starts afresh.

Dworkin ideal on right as trump, the basis of the debate on huma rights at this moment requires further study.

The ghost of Karam Singh, must not continue to roam
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