The Book of Prof Shad.docx

Xiii public interest litigation has failed to develop

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xiii. Public interest litigation has failed to develop: UEM v Lim Kit Siang . xiv. Parliament does not regard fundamental liberties as fundamental. Many laws are passed conferring absolute powers. In practice Parliament and the executive do whatever they think is necessary. xv. Within the police force the mindset of the 48-year emergency is still prevalent. Challenges of Socio-Economic Justice Due to the NEP’s emphasis on equitable distribution of resources between the Malays and the non- Malays, insufficient attention Is paid to the need to decrease disparities within each community. Elitist models of development and activities allow the powerful to monopolise economic opportunities. This hurts the ordinary entrepreneurs to make use of the vast potential of the market. 17
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Malaysia’s political economy: The link between political parties and big business has to be reviewed. Transparency and accountability: Greater transparency and flow of information has to be encouraged. New frontiers in human rights: As we contemplate human rights for the twenty-first century, it appears clear that new threats have emerged. New demands and expectations have arisen. The felt necessities of the times require a new thinking. Rights of future generation: For example, contemporary jurist John Rawls advocates "rights of future generations." He propounds a "just savings principle" to supply the brakes against commercial over- zealousness. Each generation must not only preserve the gains of culture and civilisation, and maintain intact those just institutions that have been established, but it must also put aside in each period of time a suitable amount of real capital accumulation." Third generation right: In contemporary theory, beyond political and socio-economic rights, a new category of third generation rights are being invoked. An African National Congress Draft on human rights in South Africa declares the nation's land, waters and sky to be the common heritage of the peoples of South Africa, and the state's agencies are enjoined to take measures against air and water pollution and other kinds of environmental harm. An awareness is growing that while development activities undoubtedly bring many benefits to society, they also destroy or diminish the natural resources on which the survival and sustenance of the poor depends. Thus, if a forest is logged and the river downstream becomes polluted as a result, this may adversely affect the livelihood and lifestyles of the riverine communities whose members depend on the forest for firewood and on the river for water, food and source of livelihood. Greater efforts are, therefore, needed to ensure that the benefits and burdens of development are equitably shared between the privileged and the under-privileged sections of society, and that basic necessities are not destroyed as a result of industrial and economic activities.
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