This Debate on Human Rights Day Celebrations, Hon. Speaker and Whips must become a standing item on the parliamentary calendar and the MF, in keeping with the March 2017 Theme of ‘Remember the past and Celebrate the Future’ wishes to emphasise the following,
In drama terms, Shakespeare wrote numerous plays with the letter versus spirit antithesis like the Merchant of Venice. Remember Shylocks agreement with Antonio, that Shylock can have his pound of flesh only if he sheds no blood and the agreement mentioned no blood.
Similarly in US Constitutional Law, interpretations have historically divided the ‘letter versus spirit debate.
Currently, living Constitution scholars advocate a ‘spirit or interpretative strategy whilst textualist scholars advocate a more letter-based approach arguing that the Amendment process of the Constitution forecloses broader interpretations, simply accomplished by passing an amendment.
Similarly, Hon Members, be it the Bible, Quran or Bhagvat Gita, references are made to the letter and the spirit of the law, but all our laws should simply be summed up as: ‘to love God with all your heart, mind and soul and to love your neighbour as yourself.
Finally, Hon Speaker each law making institution must guard against gaming the system or rules lawyering because this is what has always led to human rights violations.
The Minority Front, looks forward to debate on all these crucial aspects to honour celebrating International Human Rights day on the 10th of December 2017.
Shameen Thakur-Rajbansi
Minority Front MPL KZN Legislature
DETAILS
Debated by: Hon. Shameen Thakur-Rajbansi
Minority Front Leader (KZN Legislature)