WISHING YOU MANY GOOD HOURS IN THE LIBRARY FOR THE YEAR 2012.

EUROPEAN CONVENTION ON HUMAN RIGHTS

ARTICLE 6 (1)

 In the determination of his civil rights and obligations or of any criminal charge against him, every one is entitled to a fair and public hearing within  a reasonable time by an independant and impartial tribunal established by law. Judgment shall be pronouned publicly but the press and the public may be excluded from all  or part of the trial in the interest of morals, public order or national security in a democratic society, where the interest of juveniles or the protection of the private life of the parties so require,or to the extent strictly necessary in the opinion of the Court in special circumstances where publicity would prejudice the interest of juctice.

Notes

The driving force of a modern Goverment must be Goverment by Law not Goverment by man. While Administrative Law is conceptually distinguishable from Constitutional law , the link between the two is marked.

page 8  Administrative Law in Malaysia-- Wan Azlan Ahmad
                                                             --Nik Ahmad Kamal Nik Mahmod

THE CRIMINAL LAW JOURNAL-1953

"IT IS AN AXIOMATIC TRUTH BORNE OUT BY THE POLITICAL HISTORIES OF VARIOUS COUNTRIES THAT A CITIZENS FREEDOM CANNOT BE SAFE IN THE HANDS OF THE EXECUTIVE OF ANY STATE HOWSOEVER BENEVOLENT AND THAT THAT FREEDOM CAN ONLY BE PROTECTED ONLY BY THE LAW COURTS AND THE JUDGES OF THE STATE UNLESS THEY ARE  THEMSELVES SUBORDINATED TO THE EXECUTIVE."

The above statement was made by Sri Thakur Prasad Dubey , Distrcit Judge, Azamgarh, Uttar Pradesh.in the year 1953.That was a very long time ago and many theorists still have reservations about unfettered political power vested in the Executive.Thus the emergence of Human Rights Lawyers.The line between the elected Executive and the unelected Judiciary is sometimes filled with tension- and there exists a no man's land in between where the legal "lets dance" between the Executive and the Judiciary takes place.