25 November 2010

Justice is not meant we should strictly comply with the law..

After studying too many cases of law in my course for this semester, most of them were much tough so far, i have encountered something which is very precious in our daily life especially for those who fight for justice. Regardless what i have said before, people should also take this into consideration when making a vital decision which would affect the public at large.

It begins when i have to perused two cases in which very famous in malaysian legal system especially in Land Law. They are: Boonsoom Boonyanit's case for the issue of indefeasibility of title and Templeton's case which discussed on equitable easement.

That's right when many students said the judgments in both case were very contrary with what have been provided under our National Land Code. Howsoever, these two cases actually lead us to a most important thing in our life which is not all things we have to comply with those people-made-laws. some of the existing laws still need to be reviewed due to several inconsistencies and i can say that they are archaic laws because were enacted and passed for a long period ago.

That's not the matter that i want to discuss here, what important is we don't have to comply strictly with our laws when we are required to do justice. Justice is associated with protecting the large interest rather than the little one. People have to be given priority. It has nothing to do with justice if the learned judges failed to give their best decision after going through deeply consideration.

Based on the aforementioned cases, the judges actually have done the tremendous effort in maintaining the large interest i.e people who affected by the dispute in their decision. Thus, that is why they made such decision and people should please and have to understand why such decision have been made. The judges were not simply run away from the laws before them, however they were actually trained to do justice to the parties.


(this a mere comment on what i discovered through my reading)

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