Rule of law vs ruling by law : How we are descending into dictatorship

 

 

In June 2000, the Syrian parliament gathered for an extraordinary session. The constitutional age for a president was a minimum of 40. In a matter of minutes, they voted to change it, lowering the minimum age to 34. Why the sudden urgency? So Bashar al-Assad could become the new president, following his father's that very day.

 

This was perfectly lawful and constitutional – and a joke, perhaps, but undeniably within the legal framework. This is the essence of ruling by law: where those in power simply create or manipulate laws to suit their immediate needs and enforce them, regardless of principle or justice.

 

 

This stands in stark contrast to the rule of law, the bedrock of true democracies, where laws apply equally to all, without exception or manipulation. You would think such blatant perversions of the law could never happen in our democracies.

Yet, consider what we're witnessing today: the calculated silencing of pro-Palestine voices in these same democracies. This isn't happening through brute force, but through legal mechanisms – new legislation, old laws dusted off, or intricate legal contortions. We've seen local hospitals banning pro-Palestinian solidarity, introducing policies under various names claiming being apolitical to serve political means. We have seen parliamentary legislation passed to ban Palestine Action. Three hundred eighty-five votes approved this legislation, bringing to mind the images of the Syrian parliament changing the constitution within minutes. Later the courts have sanctioned it. 

 

It's all perfectly lawful.

 

So, are we truly living under the rule of law, or are we subtly shifting towards ruling by law?

I know some will dismiss this as far-fetched, arguing we're not descending into fascism or dictatorship. Maybe they're right, but maybe they're not. As Yuval Noah Harari wisely observed: "It is an iron rule of history that what looks inevitable in hindsight was far from obvious at the time."

Let's engage in a vital thought experiment: Imagine a dystopian future, then trace our steps back to the present. By understanding how we might arrive there, perhaps we can stop it now.

 

 

Ahmad Baker