BREAKING NEWS! . . . Adat needs no incorporation in the Constitution . . .

Dear Reader, if you like this Article, please consider sponsoring our Blog. That will help underwrite the cost of running it. We help keep the Issues alive.
Even RM5 every four months will be a big help.

Banking details are as follows:
Bank: MayBank
Account No: 160148889580
Account Type: Savings
Corporate Name: Rosaline Kotter

Thank you

Don’t forget to Like the Article and Follow the Blog. Share the Article with at least two Friends. Tks

Adat needs no incorporation in the Constitution . . .

Adat remains the 1st Law in international law!

https://m.facebook.com/story.php?story_fbid=10159819294038620&id=522048619

Mike Jok,

Adat is the 1st Law in international law. International law has Application in national law.

Human rights and international customary practices are the basis of international law.

Adat is not law, but being based on customary practices, it has force of law. There’s no need to incorporate Adat in the Constitution to make it into law.

NCR land, ancestral and historical property rights based on Adat, is protected by Article 13 (property rights), Article 5 (right to life) and Article 8 (no discrimination) of the Federal Constitution.

No one can be deprived of property for public purpose without compensation.

No one can be deprived of property for private purpose.

NCR land was established by the right of first settlement and working the land, long before modern gov’t, in the emptiness and vastness of a geographical expanse bound by water, jungle and mountain.

NCR land cases should begin at the Land Office, the court of 1st instance, move to the Native Court on 1st Appeal and end at the High Court. Never allow NCR land cases to proceed beyond the High Court.

The Constitution is not law but being based on the ultimate political documents, setting forth the governing institutions of state, it has force of law and emerges as the supreme law of the land.

Conventions, the working of the Constitution, are not law.

No court will hear Applications on Conventions.

The court is only about law.

The court is not about ethics, moral values, theology, sin, God, justice or truth.

According to jurisprudence, God is not a source in law.

Law must have source to have jurisdiction, authority and power.

Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.

In the rule of law, the basis of the Constitution, no one is above the law, all are equal before the law, and there are remedies where there are rights.

In the rule of law, there’s greater emphasis on the spirit of the law, albeit read with the letter of the law.

The letter of the law, by itself, isn’t law at all. There’s no democracy, no legitimacy, it’s rule BY law, rule BY Man, it’s dictatorship, it’s the law of the jungle where anything goes. They make up stories as they go along.

For more details, Michael M Jok can be reached at 019-8583907 or send emails to scrips22102012@gmail.com

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

One thought on “BREAKING NEWS! . . . Adat needs no incorporation in the Constitution . . .”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: