WHEN our Federal Constitution was promulgated in 1957, Part X was designed to deal with public services. Under Article 132, seven areas of public services were identified: the armed forces, the judicial and legal service, the general public service, the police force, the railway service, joint public services (between the federation and one or more […]
Posted inSelected Judgments
CoA’s Outline of Reasons in DSAI v PP (s418A Transfer Issue)
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:
Posted inBolehland
Zambry’s Illegal EXCO
Why is Zambry’s EXCO illegal? Let us examine the late Tun Suffian’s interpretation. First, the context. Did Nizar tender the resignation of his EXCO? 1. Thus far, we have been asking the question whether the Sultan (HRH) may dismiss the Menteri Besar (MB). The High Court has ruled that HRH does not have such power, […]
Posted inThe Lobby
Bar Council’s International Justice Day Debate on 15 July 2009
Announcement of Bar Council’s International Justice Day Debate on 15 July 2009
Posted inBolehland
Melayu tidak memerlukan perpaduan politik
Nampaknya isu kerajaan perpaduan, yang diwar-warkan oleh beberapa pemimpin PAS dan dijadikan bahan politik oleh pemimpin UMNO akan berakhir. Pemimpin tertinggi Pakatan Rakyat telah sebulat suara menolak cadangan kerajaan perpaduan. Ketika isu tersebut hangat dibincangkan, para pemimpin UMNO rata-rata begitu menyambut baik cadangan kerajaan perpaduan yang dicadangkan, dengan alasan bahawa sebuah kerajaan perpaduan dapat “memulihkan […]
Posted inSelected Exhortations
NH Chan, A Class Act: Gopal Sri Ram
The following are remarks of Mr Justice Gopal Sri Ram, Federal Court Judge, at the launch of the 2nd edition of retired Justice N H Chan’s book “How to Judge the Judges” on 26 June 2009. LoyarBurok is honoured that we have been, from time to time, allowed to publish his articles. We wish him […]
Posted inThe Lobby
Upholding Human Rights – Hear Raja Aziz Addruse this Friday
The Inaugural Annual Hakam Lecture by Raja Aziz Addruse, on Upholding Human Rights, is this Friday, 3rd July 2009 at 5 pm at Hotel Equatorial, Jalan Sultan Ismail, Kuala Lumpur.
Posted inSelected Judgments
2 Court of Appeal Grounds of Judgment by Raus and Maarop in Zambry v Nizar
Loyarburok makes available the written groudns of Dato’ Md. Raus bin Sharif JCA and Dato’ Ahmad bin Haji Maarop JCA
Posted inCase Notes
“The Sultan has no explicit power to dismiss an MB under the Perak Constitution”, The Sultan’s Constitutional Powers: A Comment
LoyarBurok is privileged to have received this comment piece from Kevin YL Tan on the on-going Perak constitutional crisis. Kevin has taught constitutional law for over 20 years. He currently holds Adjunct Professorships at the Faculty of Law, National University of Singapore and the S Rajaratnam School of International Studies, Nanyang Technological University. He is […]
Posted inLet's Talk About Sex
Hak Asasi Golongan Homoseksual v Masyarakat Sedunia
“Homoseksual” bukanlah suatu istilah yang asing bagi masyarakat dunia pada masa kini. Di mana sahaja kita pergi, kita pasti akan bertembung orang dalam golongan ini. Anehnya, apabila kita terserempak dengan mereka, kita bertindak mengasingkan diri kita daripada mereka. Mengapakah kejadian seperti ini harus berlaku? Adakah mereka penjenayah atau pembawa penyakit yang berbahaya? Jika dikaji secara […]
Posted inPray For Me
Law reforms when one spouse converts to Islam: some solutions?
Some solutions as to how to amend various laws in order to ensure that there is no injustice when one spouse in a non Muslim marriage converts to Islam, and attempts to force the other spouse to go to the Syariah Court and to be subjected to Islamic personal law regarding the breakup of their marriage.
Posted inOAsli & OAsal
Seeking respite from the invaders
This post is an edited version of the Ram’s post here. Kampung Sungei Genting is accessible either via Chenderiang in Tapah or Kuala Dipang in Kampar. However I was advised to take the Chenderiang route as the recent downpour had caused some landslides along the way. The talk on Orang Asli land rights was organized […]
Posted inTalking about Lawyers
ConstiLC’s maiden meeting starts Bar’s initiative on constitutionalism, raises expectations
Friday, 19 June 2009 marked the beginning of the Bar’s move to entrench constitutional study and promote constitutionalism as part of its already wide-ranging initiatives in society. The first meeting of the newly-minted Constitutional Law Committee (ConstiLC) formed for the first time in the history of the Malaysian Bar saw a whopping 40 plus participants […]
Posted inJudging the Judges
The regurgitation of not administering justice according to law in the written judgment of Nik Hashim FCJ in Jamaluddin & Ors v Sivakumar
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 their parties are still members of the Perak state legislature. This follows an unanimous ruling by a five-men bench yesterday which ruled that the […]
Posted inExpress Yourself
FFF Shoot Day 1 “No Silver Lining: The Perak Crisis”
The S-ploited started filming yesterday.
Posted inExpress Yourself
We are ‘film-makers’ now – FFF Film “No Silver Lining: The Perak Crisis”
Woot woot! We have started our journey. The S-ploited and its crew, together with the other finalists (regarding JERIT and Memali) for FFF 2009, attended a crash course on film-making at KOMAS. May the best film win! Venue: KOMAS Date: 7 June 2009 Time: 10:00am – 2:30pm More here.
Posted inNowhere To Run
Aung San Suu Kyi turns 64: 14 arrested in Malaysia
14 of her compatriots joined Daw Aung San Suu Kyi in detention on Friday, 19th June 2009. Their crime: gathering in Malaysia to show her support without bringing along their identification papers. Earlier that day, however, the British High Commissioner to Malaysia together with numerous other celebrities took part in the global campaign to show […]
Posted inSelected Exhortations
Permulaan Baru: Obama di Cairo
Berikut adalah terjemahan Bahasa Melayu transkrip ucapan Presiden Amerika Syarikat, Barack Obama, di Kaherah, Mesir pada 4 Jun 2009.
Posted inLB Rants
Mkini reports on LB poll: “Jungle politics elevates ape as PM”
Thank you Malaysiakini.com for summarising the results of the poll, and turning it into a story. Original found here. Maybe it was just for kicks or maybe it was a grim reflection of the political weariness experienced by the people since the March 8 general election, which has somewhat opened a Pandora’s box. Whatever the […]