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…
Three years have passed since the controversial re-appointments of Tun Raus Sharif and Tan Sri Zulkefli Makinudin were thrust into public scrutiny. In 2017, the then Chief Justice and President of the Court of Appeal were appointed as additional judges in the Federal Court despite reaching the compulsory age of retirement encapsulated within Article 125(1)…
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…