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Role of the law
03/01/2006 The Star ARTICLES OF LAW By BHAG SINGH
IT IS natural that people and organisations in any country will face various
economic, social and other challenges which will have to be dealt with.
In the course of all this, the legal system will continue to affect our
lives. It provides comfort and hope because it regulates our lives and the
conduct of people in providing protection, relief and remedies.
Disappointment comes in when the law appears to fail to provide protection,
relief and remedies in a timely manner or even at all.
However, the law is not always to blame.
The citizens in a democratic country elect their representatives who sit in
the legislative body at the state or federal level and pass the laws. If
these representatives do play their proper role because they lack interest
or knowledge, the law is not to blame.
The procedure for enacting the laws should allow the elected law makers an
opportunity to participate actively. If such an opportunity is not given, it
is their responsibility to bring the matter up to the appropriate authority.
The unhappiness of the public when certain laws are passed would seem to
suggest that at times laws are legislated without all the possible angles
being fully considered. Whatever the situation, it would definitely benefit
society if laws that are to be passed are made known to the public in
advance. In general there is no reason why a law to be passed should be kept
under wraps. Perhaps the more accurate position may be that it is not
adequately publicised.
Laws that are to be passed are by no means the private preserve of anyone.
All citizens and non-citizens and even others within our shores will be
governed by such laws. Sometimes laws may even be backdated.
Every individual, especially the citizen, is a stakeholder in laws that are
enacted. Such laws are not only going to affect those who are around when
the laws are formulated but also future generations.
It is well known that enacting a law and bringing it into force is a long
process. As such once a law is enacted it is not usually common to see it
amended easily.
As such a law should not ideally be enacted with the idea of passing it and
making amendments later.
It would be in every one's interest if laws that are to be passed are made
known to the citizenry as soon as possible. This would allow input of ideas.
After all, it is the legislative body which is going to approve the law.
With the benefit of such input the legislature and others involved in
drafting can only make better decisions.
The other aspect about laws is implementation. The law may look good on the
statute book. However, good laws that are not implemented do no good to
anyone. Similarly laws must be viewed in the light of their objective.
There are many situations that are illustrative of this. One very simple
instance is the regulations which allows vehicles which are not parked in
the proper lot to be towed away. In principle there is nothing wrong with
that.
However, absurdity manifests itself when vehicles parked by the roadside or
road kerb outside the parking lot and outside office hours but not
obstructing traffic are towed away. On the other hand, vehicles parked in
busy main roads causing not only obstruction but also a nuisance at peak
hours are allowed to remain where they are.
Whilst the towing away of a car in the earlier situation may not be said to
be contrary to law, it is difficult to understand the implementation of the
law or rather the nonimplementation in such circumstances. It would in such
cases appear that those who implement the law are unaware of the primary
objective of the regulations.
Delay in disputes decided by the court is another matter of concern. Some
litigants even die before the outcome of their action is known. Others are
bankrupted before they can collect debts which are legally due to them. Here
again it is not the law which is to blame.
The legal system depends not only on the judges but also how effectively
litigants pursue their claim in court by complying with the procedures. In
the case of criminal and statutory offences the diligence with which the
prosecution pursues the matter is a material consideration. |
