Category: Constitution

    The reply-in-submission by counsel for Perak Menteri Besar Nizar Jamaluddin at the Federal Court, among other issues, covers the absence of any express provision allowing the Sultan of Perak to dismiss the MB. Unless, of course, words are allowed to be imported into the text, which Philip Koh says is not a proper… Continue reading Lawyer’s submission on Perak MB case (2)

INTRODUCTION Dr Lim Teck Ghee The main arguments by lead counsel for Perak Mentri Besar Nizar, Tuan Haji Sulaiman have been referred to in the Judgments of the High Court and Court of Appeal. In this post, we provide to the Malaysian public details of the submissions made by Nizar’s counsels at the Federal Court.… Continue reading Lawyers’ submissions on Perak MB case

— earlier Court of Appeal judgment doubtful Kevin Tan who is Faculty of Law Professor (Adjunct) in the National University of Singapore — and obtained his LLM and JSD from Yale Law School — argues that the burden of judgment is for the Federal Court on the text of Perak Constitution, and three simple provisions… Continue reading Perak: Another mockery of justice coming up?

    Under arrest: Policemen taking away some of the men wearing black shirts outside the Perak State Secretariat building in Ipoh on May 7, 2009 Picture courtesy of The Star hhh! Cannot say one, sensitive lah. Afterwards you kena ISA. If the general public is generally hazy about what cannot be discussed without risking… Continue reading Sensitive Issues101 in 1Malaysia

The regurgitation of not administering justice according to law in the written judgment of Nik Ilashim FCJ in Jamaluddin & ors v Sivakumar NHChan Flashback To refresh your memory, I refer to the report in the New Straits Times of Friday, April 10, 2009: PUTRAJAYA: The Federal Court has declared that three assemblymen who quit… Continue reading Federal Court Judgement on the Three Turncoat Perak Assemblymen: Bringing the Judiciary into Disrepute

Crises of Confidence and Perak’s Constitutional Impasse In 1966 it was Sarawak, in 1985 it was Sabah, and in 2009 it is Perak. But the issue in these times of crisis in state governments has been essentially the same: how are the so-called ‘Westminster-type constitutional conventions’ relating to the appointment and tenure of chief ministers,… Continue reading Prof Dr.Andrew Harding on Crises of Confidence and Perak’s Constitutional Impasse

We are pleased to share with CPI readers the full text by Judge N. H. Chan of his legal commentary on the constitutional tussle.  We thank him for sharing it with us and our readers. Dr. Lim Teck Ghee