Introduction The FC recently delivered its judgment for the case of Maria Chin Abdullah v Director General of Immigration. In a 4-3 split, the FC has negated the existence of the basic structure doctrine in our Federal Constitution. The majority judgment delivered by Rahman Sebli FCJ has reversed decades of development in the landscape of…
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,…
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…
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…
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…