Tough questions which could not be dodged regarding the vacancy of N. 46. Is the Speaker’s decision correct? Will the Election Commission call a by-election? Or will the Court intervene? LoyarBurok does public service yet again here. All you need to know regarding N. 46, really.
There does not appear to have been an appointment made by the Selangor State Service Commission in respect of the vacant SS post. The constitutional position requires the Commission to make the appointment. If not, a suit may be filed to compel the Commission to so act.
Perhaps the only question which remains is whether any public-spirited media organisation or person will take the new rules banning them to task. But then again, if the Chief Justice himself advised the Yang di-Pertuan Agong that the ban was legal, how would a suit in our courts declaring the rules unconstitutional fare?
On March 17, 2010 The OA community took to Putrajaya for a historic walk and what seems to be the biggest gathering of OAever. This peaceful stage of protest and show of unison by the community was in response to yet another government policy that ignores their rights.
Make a difference today – Join the Constitutional Law Committee (Term 2010/211) and contribute to the MyConstitution campaign! Anyone may join us, everyone has a role to play. Sign up today and do your bit for society. Together we will rock the nation!
(Note this post may contain mistakes as it is paraphrased. Full judgment will be posted soon and this post will be removed by the end of the day) 1109 no order as to costs by consent. Question 1 answered in affirmative, question 2 answered that extraneous means possible, question 3 if mb doesn’t resign, post […]
June Low Cheng Yen was “called” to the Bar (i.e. admitted and enrolled as an advocate and solicitor of the High Court of Malaya) on Dec 11, 2009. In open court, a “call” speech would be made by June’s “mover” (i.e. a lawyer at the Bar) to persuade the presiding judge that June is a “fit and proper” person to be a full-fledged lawyer after completing a 9-month period of pupillage. This was the speech by June’s mover, Edmund Bon Tai Soon, before Mr Justice Ariff Yusof.
At the 9th meeting on November 7, 2009, the Bar Council, and after much discussion on the problems faced by lawyers with the current state of affairs, will be calling an EGM on December 12. The EGM will, among others, discuss issues on how cases are being handled by the Judiciary.
These past few months have been immensely hectic. The Malaysian Bar is extremely fortunate to have a pool of incredibly talented, young and energetic group of lawyers, pupils-in-chambers, and students working night and day on this Campaign. From the words “let’s move”, the action has been continuous, non-stop, and it has been difficult to keep […]
Justice Zabidin Diah’s decision on July 16, 2009 allowing the defence pre-trial discovery of certain documents may be downloaded here. The order was on July 24, 2009 stayed pending disposal of the prosecution’s appeal to the Court of Appeal.
Many have asked why civil society is objecting to the “cause of death” question being carved out of the Royal Commission of Enquiry (RCE)’s terms to be left to a Magistrate in an Inquiry of Death (IOD) held under Chapter XXXII of the Criminal Procedure Code. Here’s why.
The 3rd grounds of judgment by Datuk Zainun bt. Ali JCA may be downloaded here. The first two grounds are found here.
Date: July 9, 2009 Coram: Alauddin Sheriff, Arifin Zakaria, Zulkefli Makinudin FCJJ
The Outline of Reasons delivered by the Court of Appeal on July 2, 2009 is here. The Court held inter alia: I. On the issue of legitimate expectation that the AG would not in any way partake in the prosecution of DSAI:
Loyarburok makes available the written groudns of Dato’ Md. Raus bin Sharif JCA and Dato’ Ahmad bin Haji Maarop JCA
Kepada ahli-ahli Badan Peguam, pelatih-pelatih dalam kamar, NGO-NGO, akademik-akademik, aktivis-aktivis masyarakat sivil, pelajar-pelajar undang-undang dan saudara-saudari, Peristiwa-peristiwa yang berlaku pada tahun yang lalu telah meningkatkan minat rakyat Malaysia dalam konsep keperlembagaan. Berikutan peristiwa-peristiwa ini, kesan undang-undang perlembagaan dalam masyarakat kita kini dirasai pada tahap yang tidak pernah dicapai sebelum ini. Oleh itu, ini adalah masa […]
Selected extracts of the grounds setting aside the Perak Speaker’s decisions that the State seats of Behrang, Changkat Jering and Jelapang were vacant pursuant to their Assemblypersons’ purported resignations follows.
Selected extracts of the grounds setting aside the suspension of Zambry & 6 others follows. On the objection that proceedings should have been commenced by way of judicial review, the Court held: The rule in O’Reilly v Mackman  3 All ER 1124 has been adopted by the Court of Appeal in cases such as […]
Dear members of the Bar, pupils-in-chambers, NGOs, academics, civil society activists, law students and friends, Events of the past year have increased the interest of Malaysians in constitutionalism. Following these events, the impact of constitutional law in our society is being felt on an unprecedented scale today. It is therefore an opportune time for civil […]
These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.