The Malta Independent on Sunday

Due respect to the rule of law

Any section of society that feels free to seek power by acting without limits – whether imposed by the rule of law or by fear of consequenc­es – is an elite class that will degrade any institutio­n at will, and meanwhile play the victim.

- Justyne Caruana Dr Caruana is Minister for Gozo

For me, public service is an honour and while performing my duties I have the ultimate respect for the rule of law. The rule of law should be upheld by one and all, especially by political parties – which should neither advise others to break the law, nor encourage others to do so even when they strongly disagree with the legislatio­n or measures put forward by the government of the day. Sowing doubts and suspicions in people or institutio­ns is the main ingredient that fuels disrespect and disobedien­ce to the rule of law.

Talk is cheap

Recent events show that some people are ready to disregard all this and will resort to any cheap talk to make headlines. Some will convenient­ly enjoy playing the victim, craving attention and using it as a tool to manipulate situations and people. They will put the blame on anyone rather than themselves when things go badly for them and will take no responsibi­lity for their involvemen­t. All they want is getting people’s attention and playing on people’s feelings.

It is constant drama when they forcibly attempt to grab some exposure by jumping on any despicable event that deserves national condemnati­on. What they actually do is disguise facts and divert attention when turning it always about them. Unfortunat­ely, the unfolding of current events proves that some people seek this kind of sympathy in order to attain instant popularity and a bleak hope for power.

It appears that two consecutiv­e and massive defeats at the polls were not enough to convince the Opposition that the people and the country want to move forward. Reality shows that our strong economy is what creates jobs and lifts people out of poverty. And when that happens, equal opportunit­ies provide the necessary tools for our society to stabilise itself and grow further. And there is nothing like a stable society to ensure a healthy democracy that confirms respect for the rule of law.

The real yardstick

Politician­s who cannot stand the success achieved by the party in government, and who habitually point fingers at anything under the sun to score political points, should – sooner rather than later – understand that they can only be taken seriously if they themselves practice their commitment to the rule of law. That commitment or otherwise is the real yardstick by which people can measure and evaluate all the talk – however popular and eloquent it may sound at the time.

It is also imperative that they can only uphold or invoke the rule of law when it is conven- ient for them. They must uphold it even when it protects the country from their whims or failures and, consequent­ly, must refrain from degrading public institutio­ns that do not condone their behaviour. It would, in fact, add insult to injury if such politician­s pretend to be judge and jury in any issue in which they are involved. If they believe that this appears admirable to some, in the long run it will eventually backfire on whatever they project to stand for

It is understand­able that some politician­s cannot tolerate being swept out of office. It is understand­able that they cannot stand their outcries having been ignored twice in a row by the largest majorities ever. Labour has been there for almost 25 years prior to 2013, but we have never resorted to destabilis­ing the country’s institutio­ns. Taking issues out of proportion or context and doing damage to our own country abroad has never been on our books.

It is high time that the Opposition learn some basic lessons, namely that only the nationally establishe­d constituti­onal institutio­ns can secure a true democracy. I sincerely suggest that anyone who wants to respect the state in the complete sense follows its basic rules, as they will otherwise denigrate the rule of law and serve their own agenda.

Freedom of speech

Apart from the rule of law, our democracy also entails freedom of speech for anyone to voice and share different opinions which, in turn, are regulated by the rule of law. Decades ago, Winston Churchill had his own experience about it and said: “Everyone is in favour of free speech. Hardly a day passes without it being extolled, but some people’s idea of it is that they are free to say what they like, but if anyone else says anything back, that is an outrage.”

Some people may tend to endorse such a statement for the sake of popularity, but will then fall into the trap of pseudo self-defence by resorting to divisive and hate language. Stating an opinion on anything requires a knowledge of the facts and avoiding slandering people or institutio­ns with malicious doubts or gossip. If hearsay or untruths become part of our language – untruths which, in context, are intended to be interprete­d or camouflage­d as polite expression­s or figures of speech – then each person can weigh up and decide for themselves the meaning or purpose of what is being said or written.

It is precisely when language and its meaning become subjective that society breaks down. It is worse still when the institutio­ns are strategica­lly targeted and the rule of law becomes a grey area with intentiona­lly prefabrica­ted hazy perception­s. The lack of respect for any person in authority creates a fertile ground for spin that frequently circumvent­s facts, with inflated tales verging on calumny.

The law and morality

I have always been curious as to why some people confuse the law with morality and argue whether one is higher than the other. The ambiguous argument came to light again while listening to certain ‘ ad nauseam’ speeches in Parliament over the last fortnight. It was evident that everything was meant to impress televiewer­s with eloquent sermons that only succeeded in confusing issues with principles and random twists with the real truth.

It is a blessing that the vast majority of Maltese and Gozitans are wise enough to see through all this. People are well aware that the law is something that is shaped and developed – a human attempt at embodying in rules the widest part possible of what morality entails. History is never old enough to erase the political immorality of past administra­tions, and all the lengthy prescribed speeches will never exculpate the perpetrato­rs. Those same people can never impart lessons about morality and the rule of law. It is a basic principle in universal law that no one can give something they have never had.

Within the rule of law, it is imperative that freedom of expression stays within the limits of the universall­y establishe­d axiom that comments remain free but facts kept sacred. Impulsive and irresponsi­ble reaction to the saddest events should never be our nation’s way of facing reality. Time and time again, our people have abhorred such negative attitudes of disguising single issues into endemic tragedies and will never allow anyone to destabilis­e the country’s rule of law for selfish individual gain. While striving together to further strengthen our constituti­onal institutio­ns, as a nation we should be united to reject the kind of harm that has been maliciousl­y inflicted on our country.

It is constant drama when they forcibly attempt to grab some exposure by jumping on any despicable event that deserves national condemnati­on It is worse still when the institutio­ns are strategica­lly targeted and the rule of law becomes a grey area with intentiona­lly prefabrica­ted hazy perception­s

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