Adat needs no incorporation in the Constitution . . .
Adat remains the 1st Law in international law!
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 firstname.lastname@example.org