We could never know what is fully just, as justice is far from out there to be discovered. Justice does not transcend what human beings do, as it is a human practice to be just or unjust. Justice isn’t found in nature, but is couched in a kind of human language that determines how we live with ourselves and with others.
This means to say that a transcendental kind of justice cannot be found out there and for this reason cannot be discovered beyond what is legislated in Parliament and practised by society.
And moreover, laws can only be sucessful at reaching their objective if they resonate with the social needs and aspirations of society at the time that they are legislated. This is because what is just is not fixed, as fixities are incompatible with who we are as human beings.
As mortals in this world we happen to be perpetually changing, with every new experience that we encounter; changes to our outlook on the world around us do happen. Notwithstanding this, it is imperative that in the shifting sands of human activity, there are laws that protect us from fellow human beings and ensure that we are free to express ourselves freely, without fear of reprisals or violence.
Moreover, it is important that the rule of law is there to be respected, as it is the rule of law that guarantees that we are the freest we could possibly get in practising who we are. The law defends us as authentic human beings, with our own whims, peculiarities and unpredictabilities, as mortals in an ever-changing society.
If human individuals are constantly changing in their daily lives, so does society in general change. We are all the building blocks of a fluctuating society, with endless diversities that must be endorsed and encouraged.
In The Sunday Times of Malta, Dean of the Faculties of Laws Kevin Aquilina said we are in a situation wherein we are failing to be governed by laws, and that some of the problems in this regard go back to Independence. He pointed out that the three organs that the Constitution creates – Parliament, the Cabinet and the judiciary are failing to comply with the supremacy of the Constitution.
Any law is the closest we can get to an agreement which defines a common good
It might plausibly be argued that the Constitution is 54 years old and does not reflect the realities that have become endemic to Maltese society today. Yet as Aquilina pointed out, the problem is in the failure of the three institutions mentioned to abide by the law when it is important that this happens for the good our country.
It is imperative that our laws reflect today’s realities and that they are amended according to our times. Yet it is also important that the laws are obeyed, as they are what reflect the collective will of the people. They are a social contract that draws the line on what we can or cannot do.
Governments are elected to Parliament to legislate for the good of society, and it is for this reason that any law is the closest we can get to an agreement which defines a common good.
For this reason, I find it repugnant that those responsible for upholding what binds society together are those who are flouting laws and the Constitution for their own personal interests and for the interests of those closest to them.
It is important that our right to be idiosyncratic or particular/peculiar is taken care of by the law, as long as it does not harm the rights and freedoms of others, as idiosyncracies are what bring new ideas and progress to a society.
Pecular discourse could sometimes be normalised into a new and more liberal kind of status quo that benefits society.
Yet having rights as an individuals with inclinations of one’s own is not enough. It is as important that the rule of law is held supreme and that those who voice their opinion against those who are in power are given protection to do so.
In Malta civil rights for individuals are unproblematic for a government, if these rights do not question what the government is up to in governing our country. More freedom on things that are not critical of the government is fine if they exist in a functioning liberal democracy built on the rule of law and respect for those who are critical about how things stand today.
Kevin Wain is a member of the Sliema PN sectional committee.