As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
The large majority – me included – wants to be passive and rely on an efficient state apparatus to guarantee the smooth running of the entire social edifice, so that I can pursue my work in peace. Walter Lippmann wrote in his Public Opinion (1922) that the herd of citizens must be governed by “a specialised class whose interests reach beyond the locality” – this elite class is to act as a machinery of knowledge that circumvents the primary defect of democracy, the impossible ideal of the “omni-competent citizen”. This is how our democracies function – with our consent: there is no mystery in what Lippmann was saying, it is an obvious fact; the mystery is that, knowing it, we play the game. We act as if we are free and freely deciding, silently not only accepting but even demanding that an invisible injunction (inscribed into the very form of our free speech) tells us what to do and think. “People know what they want” – no, they don’t, and they don’t want to know it. They need a good elite, which is why a proper politician does not only advocate people’s interests, it is through him that they discover what they “really want.” – Slavoj Zizek on Margaret ThatcherBACK TO TOP