Deep Thoughts
Warning: geeky legal stuff ahead.
As I mentioned last Friday, law students like to look at news for the legal questions they raise. Seldom do lawyers actually make up the news.
This changed dramatically on Saturday when President Musharraf declared a state of emergency in Pakistan, suspended the country’s constitution, detained eight members of the Supreme Court and had thousands of lawyers, journalists and human rights advocates arrested. All in the name of preventing “judicial interference” in his government. An official statement tried to justify the acts, asserting that “some members of the judiciary are working at cross purposes with the executive and legislature in the fight against terrorism and extremism…”
This declaration of martial law is troubling for many reasons. Top of mind for me at least is that Musharraf’s actions are a profound breach of the rule of law.
Courts are society’s referees. A judiciary that can impartially apply fair rules, without outside interference, is a cornerstone of lawful government. Shutting down a nation’s lawful institutions of justice will hurt, not help, the fight against terrorism.
The bright star in the darkness is that the rest of the world sees this for what it is: Musharraf’s brazen attempt to perpetuate his own rule in a country that largely despises him. With any luck, he will be pressured to reinstate the constitution, release those detained, reinstate the courts, and hold general elections as planned.
There is a rally tomorrow at noon in downtown Seattle (at the federal courthouse on 7th and Stewart), which should be an interesting opportunity to get informed on the issue. If nothing else, you’ll get to hear my contracts professor speak.
Comments:
First, I agree with everything you’ve written.
Regarding your statement, “Seldom do lawyers actually make up the news.” Every truth needs a great counter example.
Remember when OJ’s lawyers said, “If the glove doesn’t fit, you must acquit.” I seem to remember that was replayed quite a bit on the news.
Maybe it was OJ that was newsworthy, not the quip.
Crap...We’re agreeing on more and more things these days. I think your support of me attending graduate school might have ulterior motives!
Notice I didn’t say lawyers never make up the news. I said seldom. Has anyone talked much about lawyers in the news since Cochran?
Courts might not be “society’s referees” in Pakistan. Different cultures will have different value systems despite parallel structures. For example, while a high-class automobile in Seattle might be a big BMW, in south-central LA it might be a Cadillac with low-profile tires, a decidedly low-class vehicle here.