{"id":6620,"date":"2026-07-01T12:46:44","date_gmt":"2026-07-01T12:46:44","guid":{"rendered":"https:\/\/myanmarmuslim.news\/en\/?p=6620"},"modified":"2026-07-01T12:46:45","modified_gmt":"2026-07-01T12:46:45","slug":"rule-of-law-vs-rule-by-law","status":"publish","type":"post","link":"https:\/\/myanmarmuslim.news\/en\/2026\/07\/01\/rule-of-law-vs-rule-by-law\/","title":{"rendered":"Rule OF Law Vs Rule By Law"},"content":{"rendered":"\n

Yes, this is NOT Rule OF Law<\/strong> but Rule By Law<\/em><\/strong>. Rule over the people by using various laws came out from the barrel of the gun.<\/p>\n\n\n\n

Rule By Law<\/em><\/strong> often use the Rule of the Jungle which is UNJUST and the Might rule over Weak with the Bully laws from its mouth.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Mr Jefrey Tin Ohn<\/strong><\/a> rightly wrote:<\/h4>\n\n\n\n

\u1025\u1015\u1012\u1031\u1014\u103e\u1004\u1037\u103a\u100a\u1005\u103a\u1015\u1010\u103a\u101c\u102f\u1036\u1038 \u1019\u1010\u1030\u1015\u102b Real LAW of Justice is different from unjust twisted LAW.<\/p>\n\n\n\n

The fundamental difference between the Rule of Law<\/strong><\/strong> and Rule by Law<\/strong><\/strong> is the relationship between the government and the legal framework. It distinguishes between a system where laws protect citizens from state overreach, and one where the state uses law as a tool to control citizens. <\/p>\n\n\n\n

Rule of Law<\/p>\n\n\n\n

    \n
  • Definition:<\/strong> A system where all individuals, institutions, and the government itself are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. <\/li>\n\n\n\n
  • Core Philosophy:<\/strong> No one is above the law. The legal system guarantees fundamental human rights, checks the power of the executive branch, and requires an independent judiciary free from political interference.<\/li>\n\n\n\n
  • Key Focus:<\/strong> It dictates that the state must respect the rights of its people and that power is only exercised within predefined, just legal limits.<\/li>\n<\/ul>\n\n\n\n

    According to tghe Just Law of Democracy, Majority has the RIGHT to Rule over and protect the MINORITY with JUSTICE.<\/p>\n\n\n\n

    Myanmar\u2019s political landscape, as critiqued by activists and analysts, suffers from a transition from true democratic reforms to highly engineered “rule by law”. Under military-drafted constitutions and controlled processes (such as restrictive amendments or orchestrated elections), the authorities manipulate laws to criminalize opposition, ignore basic freedoms, and manufacture the illusion of legitimacy, all while ensuring absolute impunity for the ruling establishment.<\/p>\n\n\n\n

    successive Military Governments and even Daw Aung San Suu Kyi’s NLD Government had being using Rule by Law on her Muslim Citizens<\/p>\n\n\n\n

    TQ. Yes DASSK dare not point out or correct the Rule by Law practised by Myanmar Military, police, MOHA and courts.<\/p>\n\n\n\n

    See the case of a Chinese Immigrant using fake National Reg Card was free with just Kyat 100,000 (less than USD 100) but Rohingyas who had real ID who were caught outside Rakhine state were jailed 2 years.<\/p>\n\n\n\n

    But if Rohingyas holding old National Registration Cards (yes they were illegally withdrawn from them) or New White Cards dare to come to mainland Myanmar, they would be arrested and jailed for a long time.<\/p>\n\n\n\n

    This is Daw Suu\u2019s Rule of Law. Muslim who dared to take out the 969 sticker was jailed for 2 yrs but Ma Ba thas who destroyed Masjids were untouched by Daw Suu\u2019s Rule of Law.<\/p>\n\n\n\n

    Dr Maung Zarni rightly wrote:<\/p>\n\n\n\n

    So called \u201crule of law\u201d in Burma\/Myanmar is deeply criminalistic, not different from the laws of the Third Reich (Hitler\u2019s Germany).<\/p>\n\n\n\n

    It is imperative that actvists and human rights defenders understand
    the criminal nature of this \u2018rule of law\u2019 mantra, when pushed in the context of a state that is, in both its nature and modes of operations, CRIMINAL.<\/p>\n\n\n\n

    RULE OF LAW FOR ACTIVISTS vs \u2018Rule of law\u2019 by Repressive Rulers<\/p>\n\n\n\n

    Two insightful quotes: one by rthe late Thomas Bingham, an eminent British judge who held the position of Britain\u2019s Chief Justice, and a white South African anti-apartheid activist and world renowned novelist the late Nadine Godimer.<\/p>\n\n\n\n

    \u201cThe hall marks of a regime which flouts the rule of law are, alas, all too familiar: the midnight knock at the door, the sudden disappearance, the show trial, the confession extracted by torture, the gulag and the concentration camp, the gas chamber, the practice of genocide or ethnic cleansing, the waging of aggressive war.\u201d<\/p>\n\n\n\n

    \u2013 Lord Bingham 2010.<\/p>\n\n\n\n

    \u201cThe greatest veneration one can show the rule of law is to keep watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the rule of law.\u201d<\/p>\n\n\n\n

    \u2013 Nadine Gordimer.<\/p>\n\n\n\n

    Aung San Suu Kyi\u2019s mantra \u201crule of law\u201d is extremely dangerous in the Burmese context.<\/p>\n\n\n\n

    Empirically, Burma is ruled by the same old repressive Tatmadaw (army) ilitary regime, with the pretty facade of Aung San Suu Kyi, backed by outside $$ and institutions.<\/p>\n\n\n\n

    Here is 3 ways to understand \u2018rule of law\u2019:<\/p>\n\n\n\n

    Who uses the term \u201cRule of Law\u201d?
    What do they mean by \u201cRule of Law\u201d?<\/p>\n\n\n\n

    Doctrinal. Law is understood as a set of rules that is fundamentally unchangeable and unchallengeable. It exists outside of those us and outside of those in power. Activists use existing national or human rights law to challenge those in power or tweak existing laws. (From inside the existing legal framework).<\/p>\n\n\n\n

    Oppressive. Law is understood as a method by which the state oppresses the masses. The only way to stop it being used against us is for activists to overthrow those in power.<\/p>\n\n\n\n

    Changeable The way law is produced, understood and practiced can be challenged and changed by activists from outside of the legal system as well as inside. People can make, legitimise, challenge and change laws based on their own collective morals.<\/p>\n\n\n\n

    \u201cRule of Law\u201d is sometimes understood as making sure that existing national laws are implemented correctly according to the law and that those in power should follow the existing laws as well as others. (Doctrinal)<\/p>\n\n\n\n

    \u201cRule of Law\u201d is a concept used by the state to legitimise its laws so people in authority can maintain their power. (Oppressive)<\/p>\n\n\n\n

    \u201cRule of Law\u201d is a idea which can be redefined by the people. Rule of Law is used to make sure that people in authority are put in check and that law is fair and equitable \u2013 this includes the laws themselves, the legal systems and the way law is practiced. (Changeable)<\/p>\n\n\n\n

    Principles for the Rule of Law<\/strong><\/p>\n\n\n\n

    a) Equality \u2013 Everyone should be equally subject to the law, including those in power, who should be tried in the same courts as anyone else. Everyone should receive equal benefit from the law including, for example, those who are not citizens should still be able to seek justice if they are victims of crime.<\/p>\n\n\n\n

    b) Clarity and Predictability- The law should be clear and predictable so it cannot be used for the wrong reasons, such as extorting money from people or silencing protest. People in power should not be able to use too much discretion when applying the law because discretion can be used for benefit of individual officials or government.<\/p>\n\n\n\n

    c) Exercise of Power \u2013 the law should not be used to oppress. The powers of those implementing laws should be kept in check to prevent them from using their powers unfairly for benefit of themselves or state organisations.<\/p>\n\n\n\n

    d) Access to justice and fair trial \u2013 everyone should have access to a fair and impartial trial and to good legal advice. This applies even if you are poor, or from a minority group, or if you are not a citizen, or if you are an activist.<\/p>\n\n\n\n

    e) Law should protect human rights and comply with international law to make sure that laws are not created for the sole benefit of state organisations.<\/p>\n\n\n\n

    Daw Aung San Suu Kyi is just shamelessly using \u201cRule of Law\u201d repeatedly as a lame excuse in answering to all the criticism on the never ending and on going Crimes Against Humanity on ALL the Muslims of Myanmar including Rohingyas.<\/h4>\n\n\n\n

    Actually her NLD-Military Hybrid Government is just continuing to practice the RULE BY LAW of the USDP\u2019s racist Ma Ba Tha Acts.<\/h4>\n\n\n\n

    My late brother wrote;<\/p>\n\n\n\n

    Maung Maung
    \u1005\u1000\u102c\u1038\u1010\u103d\u1031 \u1021\u1019\u103b\u102c\u1038\u1000\u103c\u102e\u1038\u1010\u1010\u103a\u2026\u2026.
    \u1005\u1000\u102c\u1038\u1010\u103d\u1031 \u1021\u1019\u103b\u102c\u1038\u1000\u103c\u102e\u1038\u1015\u103c\u1031\u102c\u1010\u1032\u1037\u2026\u2026..DASSK \u101c\u1032\u2026.
    \u1021\u1001\u103c\u1031\u1010\u103d\u1031\u1015\u103b \u1000\u103a\u2026.\u1005\u1000\u102c\u1038\u1010\u103d\u1031\u1011\u1015\u103a\u1000\u102f\u1014\u103a\u1015\u103c\u102e\u2026\u2026
    \u2013
    \u101e\u1010\u1004\u103a\u1038\u101e\u1019\u102c\u1038\u1010\u103d\u1031\u1014\u1032\u1037 \u1019\u1010\u103d\u1031\u1037\u1018\u1030\u1038\u2026\u2026\u2026
    Q & A \u1019\u101c\u102f\u1015\u103a\u1018\u1030\u1038\u1010\u102d\u102f\u1037 \u1016\u103c\u1005\u103a\u101c\u102c\u1010\u101a\u103a\u2026..
    \u2013
    \u1005\u1000\u102c\u1038\u1015\u103c\u1031\u102c\u101c\u102d\u102f\u1000\u103a\u1010\u102d\u102f\u1004\u103a\u1038\u2026\u201cRule of Law\u2026..Rule of Law \u201d \u1018\u1032 \u1015\u103c\u1031\u102c\u1014\u1031\u1010\u1031\u102c\u1037\u1010\u102c\u1018\u1032\u2026..
    \u101c\u102f\u1015\u103a\u1014\u1031\u101e\u1019\u103b\u103e \u1021\u1000\u102f\u1014\u103a\u101c\u102f\u1036\u1038\u1000\u2026.\u201c Rule by Law \u201d\u2026\u2026
    \u201cRule by Nagis Law \u201d
    \u201cRule by \u1019\u1018\u101e Law \u201d
    \u201cRule by \u101d\u102e\u101b\u101e\u1030 Law \u201d<\/p>\n\n\n\n

    You have a lot of words\u2026\u2026
    You talk a lot\u2026\u2026..DASSK too\u2026.
    The situation is complicated\u2026. I have run out of words\u2026\u2026
    \u2013
    I don\u2019t meet with journalists\u2026\u2026\u2026
    I don\u2019t do Q & A\u2026..
    \u2013
    Every time I talk\u2026\u201cRule of Law\u2026..Rule of Law\u201d I start saying\u2026..
    Everything I do is\u2026.\u201c Rule by Law\u201d\u2026\u2026
    \u201cRule by Nagis Law\u201d
    \u201cRule by Ma Ba Tha Law\u201d
    \u201cRule by Wirathu Law\u201d


    The rule of law<\/em><\/strong> 3 Apr 2013 12:00 am
    \u00a9The Star (Used by permission)
    BRAVE NEW WORLD<\/em><\/strong> By AZMI SHAROM

    When the law is seen as being used in a discretionary manner, that is to say it is being applied to some and not to others, not only is this clearly wrong, but it will also lead to extreme anger.

    AS a concept, the Rule of Law is like the \u201cStairway to Heaven\u201d of jurisprudence.

    Everyone knows it, but everyone seems to have their own understanding as to what it means.

    One thing that the informed have agreed upon is that the Rule of Law does not mean rule by law.

    The latter implies that any law, be it wicked or good, is valid and will be enforced.

    The former is a more complex proposition, for it means that we are ruled by laws and not the discretion of man (or woman) and, furthermore, that law has to guarantee certain principles.

    When A.V Dicey formulated his version (and this is now considered the classic version) of the Rule of Law, his primary concern was for the avoidance of arbitrary, and thus unjust, power.

    To this end, he identified three main principles of the Rule of Law and these were: a person can only be punished after a fair trial, the law is to treat everyone equally and the rights of individuals are to be protected by law.

    Dicey\u2019s work has of course been discussed and refined many times since its publication in the 19th century.

    One of the issues is the concept of \u201cequality\u201d. Taken at face value, Dicey\u2019s \u201cequality\u201d sounds very much like the Aristotelian concept of \u201cformal equality\u201d, where the government treats all persons the same.

    Of course this is not pragmatic nor is it desirable.

    For example, a child caught for stealing should not be given the same punishment as an adult caught for stealing.

    However, the ideal is a strong one and it can be understood to mean that like should be treated as like.

    So a 26\u2013year\u2013old thief should face roughly the same consequences as another adult thief, and a 12\u2013year\u2013old wannabe Artful Dodger should face the same consequence of another pickpocket in his age group.

    When speaking to people with regard to concepts of justice, equality almost always comes up.

    People are not stupid, they understand the subtleties and the sophistication of this concept, but nonetheless, the ideal of equality is a powerful one.

    The reason for this is obvious, equality, or the closest approximation to it is considered fair, and conversely unequal treatment is deemed a tremendous injustice.

    It is so basic, so primal and so fundamental to the human concept of justice that it is instinctive even in children.

    To test this, just try giving one sibling a larger piece of chocolate than the other.

    Due to the power of this concept, it is of vital importance that those in power understand and respect it.

    When the law is seen as being used in a discretionary manner, that is to say it is being applied to some and not to others, not only is this clearly wrong, but it will also lead to extreme anger.

    If a thug destroys my enemy\u2019s property, and if I am in power, that thug must be apprehended and punished even if his actions may give me personal pleasure.

    That is the burden of power and that is what anyone who deems himself worthy of holding office must bear. Any less and you are nothing more than a tyrant.

    The need to use the law equally on all becomes even more important when the law itself is flawed. For nothing sticks in the craw more than an unjust law applied unequally.

    The hypocrisy of such actions only goes to show that the wielders of the law are only using it for their own nefarious purposes, whatever that might be.

    Interestingly enough, these are two deeply philosophical legal concepts in our Rukun Negara \u2013 Constitutionalism and the Rule of Law.

    I am glad they are there; I only wonder whether they matter today.

    Dr Azmi Sharom (azmisharom@yahoo.co.uk) is a law teacher. The views expressed here are entirely his own.<\/pre>\n","protected":false},"excerpt":{"rendered":"
    Yes, this is NOT Rule OF Law but Rule By Law. Rule over the people by using various laws came out from the barrel of the gun. Rule By Law often use the Rule of the Jungle which is UNJUST and the Might rule over Weak with the Bully laws from its mouth. Mr Jefrey […]<\/p>\n","protected":false},"author":2,"featured_media":6621,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,7,6,133,2,1,130,11,10,16,123,62],"tags":[],"class_list":["post-6620","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-anti-racism","category-articles","category-history","category-human-rights-constitution-federal-democracy-social-nets-minority-rights","category-international-news","category-local-news","category-motivation","category-myanmar-muslims-history","category-news","category-opinion","category-story","category-thidagu-sitagu-sayadaw-wirathu"],"_links":{"self":[{"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/posts\/6620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/comments?post=6620"}],"version-history":[{"count":1,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/posts\/6620\/revisions"}],"predecessor-version":[{"id":6622,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/posts\/6620\/revisions\/6622"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/media\/6621"}],"wp:attachment":[{"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/media?parent=6620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/categories?post=6620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/myanmarmuslim.news\/en\/wp-json\/wp\/v2\/tags?post=6620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}