1. There is currently a contentious debate on whether the YDPA can summon Parliament using his own discretion, instead of adhering to the constitutional monarchy convention of acting on the advice of the PM/Cabinet. 2. The Attorney General has recently issued a statement that, in such a matter, the YDPA must still act on the…
Author: Lim Wei Jiet
Extending or Ending the Emergency – Must the YDPA Follow the Advice of the PM?
Dato’ Seri Takiyuddin, the Minister in charge of Parliament & Law, today said that the decision to end of extend the Emergency does not lie solely in the hands of the YDPA. And that “the onus is on the Cabinet to continue advising His Highness, as the head of state, in making decisions on the…
The Dewan Rakyat Speaker’s Constitutional Duty: A Response to Art Harun
I refer to Datuk Azhar Harun (known to us as “Art”)’s latest article titled “Danger of quoting the constitution selectively for political purposes”. It is a long opinion peppered with legal technicalities. But the message is actually quite simple: “The Executive has the power to suspend Parliament under the Constitution, so I cannot and should…
Are Politicians Appointed to GLCs Disqualified as MPs? – Article 48 & the “Office of Profit” Debate
There are blog posts and social media messages circulating lately which suggest that all Perikatan Nasional politicians who have been appointed to GLCs would be automatically disqualified from being MPs. They make reference to Article 48(1)(c) of the Federal Constitution, reproduced here as follows: These well-intentioned authors equate GLC Chairmanship or director-ship as an “office…
Judiciary’s Proposed Amendments to the Rules of Court – 5 Key Concerns
The Office of the Chief Justice of the Federal Court of Malaysia recently drafted proposed amendments to the Rules of Court 2012, Rules of the Court of Appeal 1994 and Rules of the Federal Court 1995. These proposed amendments have been circulated to the Bar Council and its members for feedback. Summary of Proposed Amendments…