It so happened that 60% of the students I tutored for a course last year came from the mainland. The big number wasnt shocking. What was really shocking was that 90% of them failed to distinguish between rule of law and rule by law. They used it interchangeably. And they took rule by law constitutive of justice. But even that wasnt as shocking as the ongoing blurring between the two notions in Hong Kong. The idea of a law is that it is universally accessible. There is a clearly written set of guidelines which every person can understand and follow. We need not second guess the rulers intentions and preferences. And yet, that is just rule BY law unless the ruler, just like the citizenry, is subjected to the law. However, if the ruler has more or even absolute authority over the constituting, the legislative or the interpretative process of the law, the ruler is above the law and the citizenry. Without equal participation in the making of the law, i.e., some sort of democracy in place, or any effective checks and balances of power, e.g. an independent judiciary, I have no idea whats with the fetish of law. That is assuming you value equality and autonomy. If you dont, just say it, and dont pretend you do.
Posted on: Wed, 29 Oct 2014 10:33:41 +0000
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