Home Politics To Interpret The Law: Be Bold, Fearless …Gongloe Tells Courts; Says “Rule of Law Is Necessary for Peace”

To Interpret The Law: Be Bold, Fearless …Gongloe Tells Courts; Says “Rule of Law Is Necessary for Peace”

by News Manager

MONROVIA: One of Liberia’s renowned human rights Lawyers, Cllr. Tiawan Saye Gongloe says the existence of the rule of law is a necessary condition for peace, harmony, unity and normality in any community, society, nation or state, with Liberia being of no exception.

“It is not a debatable issue that the absence of the rule of law leads to chaos and an atmosphere where only the strong survive a rule of the jungle,” said Gongloe who is also former President of the Liberia National Bar Association.

Cllr. Gongloe who is an Associate Professor of the Law at the Louis Arthur Grimes School of Law, University of Liberia (UL), made these statements at the induction ceremony of the Officers of the Noble School Floor of the Louis Arthur Grimes School of Law on Friday, August 9, 2024.

Speaking on the topic: ‘To what extent does politics influence the rule of law and, by extension, the administration of justice’, Cllr. Gongloe narrated that the intersection of politics and the rule of law is a development that has been debated and scrutinized throughout history.

He indicated that in an ideal society, the rule of law stands as the bedrock of democracy, ensuring that every citizen, regardless of status, is subject to the law.

“It is the principle that upholds justice, fairness, and equality. It is not a debatable issue that the absence of rule leads to chaos and an atmosphere where only the strong survive, a rule of the jungle,” he stressed.

The Liberian People Party (LPP) Political Leader believes that the influence of politics, by nature, is the pursuit of power and governance.

According to him, “when those in power wield their influence over the judiciary or legal processes, it undermines the very essence of justice and it leads to selective justice, where the law is applied differently based on political affiliation or interests, eroding public trust in legal institutions.”

He also mentioned that in many countries including Liberia, “people have seen instances where political interference has compromised the integrity of the judicial system.”

“Such interference can manifest in various forms; from the appointment of judges based on political loyalty rather than merit, to the manipulation of legal processes to protect allies and punish adversaries. These actions do not only violate the principles of the rule of law, but also threaten the foundations of democracy itself,” added the well-known Barrister.

Gongloe: “For example, respect for the separation of powers is very essential to the survival of democracy. It makes the actors in each branch of government not to go beyond the boundaries established by the Constitution and statutes”.

“If the Legislature enacts a law governing any ministry or agency of government, the executive Branch must respect that law until the Legislature amends or repeals it or until the Supreme Court declares the law to be unconstitutional,” he told students of the Louis Arthur Grimes School of Law.

In other words, Cllr. Gongloe narrated, “the procedure provided by the Legislature for the governance of Liberia must be strictly obeyed by the Executive Branch of government, no matter how uncomfortable it may be to do so.”

He warned that “there should be no justification for shortcut, expediency or convenience when it comes to adhering to the rule of law.”

Gongloe: “This is what makes a democracy different from a monarchy or military junta. The court must not demonstrate any shyness or fear in saying what the law is, but must be bold and courageous at all time to say what the law is,” he said.

He highlighted that “the law must always control political actions and decisions in order to maintain the supremacy of the law.”

While acknowledging that though there are challenges in adhering to the rule of law, but despite these challenges, the legal profession holds a crucial responsibility.

Meanwhile, he urged lawyers, judges and legal scholars to serve as guardians of the rule of law.

He emphasized that it is their duty to advocate for an independent judiciary and to uphold ethical standards and as well to resist any attempt at undermining justice.

He further told Officers of the Noble School Floor of the Louis Arthur Grimes School that the protection of individual and group rights depends on the relentless and uncompromising dedication to upholding the rule of law which requires courage, integrity, and an unwavering commitment to fairness.

“As we induct the new leadership of the Noble School Floor of the Louis Arthur Grimes School today, I urge you to embrace these principles, strive for excellence not just in academic pursuit, but also in your professional and ethical conduct,” he said.

Cllr. Gongloe also cautioned the law students to be the vanguards of justice and their actions should reflect the highest ideals of the legal profession.

He, as well, urged Liberians never to forget that the rule of law is more than a principle, a commitment to justice and equity for all, irrespective of gender, religion, fraternity, political affiliation, wealth, poverty, popularity, or physical strengths.

“It is through our collective efforts that we can ensure that politics serves to enhance, rather than diminish, the administration of justice.

For peace, stability, orderly society, respect for human rights, productivity, progress and prosperity in any nation, the rule of law must prevail over politics at all times and under all circumstances,” he said. Writes Linda Gbartie

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