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Month: October 2020

Avoiding Article 150(8): the Anisminic Approach

Posted on October 26, 2020October 27, 2020 by Shukri Shahizam

In this article, Tan Kian Leong explores an alternative approach to a legal challenge to a government’s attempt to establish emergency rule. The Yang di-Pertuan Agong’s statement disagreeing with the government view as to the necessity of emergency rule appears to have put the latest period to Malaysia’s latest political saga to an end. Yet,…

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The Declaration of Emergency – An Exigency or Travesty?

Posted on October 23, 2020 by Iqbal Harith Liang

Introduction The tremor of emergency grips the Malaysian soil once again. After witnessing yet another onslaught of COVID-19, it seems likely that a state of emergency shall be declared. However, should this declaration take place, it is also timely for another glaring reason – it would arm the Executive with a legal Infinity Gauntlet that…

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Challenging a Proclamation of Emergency

Posted on October 23, 2020October 24, 2020 by Shukri Shahizam

Reports of the government’s intention to declare a state of emergency – ostensibly due to the Covid-19 pandemic – have put citizens in a mixed state of anger, panic, and confusion. While this blog post can do little to alleviate the former two emotions, it will at least endeavour to give at least some clarity on whether…

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  • PM, Not the YDPA, Has Final Say On When To Reconvene Parliament
  • Extending or Ending the Emergency – Must the YDPA Follow the Advice of the PM?

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