Source: The Star Online BY SHAD SALEEM FARUQI Despite its imperfections, the document was a significant attempt to balance the rights, privileges and legitimate expectations of every community. DOES our Constitution divide us or does it provide workable arrangements for our multi-hued nation to live together in peace and harmony? At a Round Table Discussion […]
Race relations and the Federal Constitution – Shad Saleem Faruqi
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LGBT community will never have equal rights in Malaysia, tourism minister says
Source: The Malay Mail Online KUALA LUMPUR, Sept 11 ― The Federal Constitution accords equal protection to all citizens under the law but Malaysia’s lesbians, gays, bisexuals and transgenders (LGBT) will never be able to lead the life they want, Datuk Seri Nazri Aziz has said. The former de facto law minister claimed that this […]
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Ezra Zaid to stand Shariah trial after failing to nullify Selangor law on un-Islamic books charge
Source: The Malay Mail Online PUTRAJAYA, Sept 28 — Publisher Mohd Ezra Mohd Zaid will have to face trial in the Shariah Court after failing to persuade the country’s highest court to nullify a Selangor law that makes it an offence for Muslims to publish books the state religious authority deems un-Islamic. Earlier today, the […]
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For some Muslims, life in Malaysia is like living under a microscope
Source: The Malay Mail Online KUALA LUMPUR, Oct 5 — Several Muslims say Islamic laws should not be used to regulate their personal lives in areas like sex, what they eat, or even what they read, after a publisher failed to challenge at the Federal Court a Shariah enactment used to seize a book on […]
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Federal Court rules Sedition Act constitutional, UM’s Azmi Sharom to stand trial
Source: The Malay Mail Online PUTRAJAYA, Oct 6 — Universiti Malaya law lecturer Dr Azmi Sharom lost today his constitutional challenge against the Sedition Act 1948 and will have to stand trial for issuing an allegedly seditious remark. In dismissing Azmi’s bid, the Federal Court ruled this morning that the British-enacted law remains a constitutional […]
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Cubaan transgender untuk semakan kehakiman tidak sesuai
Sumber: The Malaysian Insider Mahkamah Rayuan tidak mempunyai bidang kuasa untuk mengisytiharkan peruntukan dalam Enakmen Jenayah Syariah Undang-undang Negeri Sembilan sebagai tidak berperlembagaan, demikian diputuskan oleh Mahkamah Persekutuan, hari ini. Panel 5 hakim diketuai Presiden Mahkamah Rayuan Tan Sri Md Raus Sharif berkata ia kerana 3 transgender menggunakan prosedur perundangan yang salah untuk memulakan tindakan […]
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Indigenous peoples most marginalised, says Jaos
Source: Daily Express Kota Kinabalu: Indigenous peoples in the country are among the most marginalised groups today due to the many gaps between the Federal Constitution and the United Nations Declaration on the Rights of the Indigenous Peoples (UNDRIP) and the International Labour Organisation’s Convention No. 169 on Indigenous and Tribal Peoples (ILO C169). Indigenous […]
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A literalist interpretation of the law – Azmi Sharom
Source: The Star Online BY AZMI SHAROM Recent judgments have an impact on basic freedoms such as that of expression. RECENTLY I’ve been faced with a rather hurtful question. How can I teach my students the law? This may seem like a weird question. After all I work in a law faculty. My students are […]
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Not a mere ceremonial body – Shad Saleem Faruqi
Source: The Star Online BY SHAD SALEEM FARUQI THE 239th meeting of the Conference of Rulers on Oct 2-3 issued a strongly worded statement about the need to bolster transparency, credibility and integrity in government. It also expressed strong support for our tradition of inter-racial and inter-religious harmony, and expressed dismay that some political leaders […]
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High court refers Khairuddin and Chang’s Sosma case to Apex Court
Source: TheSunDaily KUALA LUMPUR: The High Court today has referred former Batu Kawan Umno division vice chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang Wen Chieh’s case to the Federal Court to determine whether the charges they faced are triable under the Security Offences (Special Measures) Act 2012 (Sosma). Judge Datuk Mohd Azman […]
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Suaram wants charge against Bersih chief dropped
Source: Malaysiakini Human rights group Suaram has condemned the planned prosecution of Bersih chief Maria Chin Abdullah under the Peaceful Assembly Act 2012. Maria is set to be charged next Tuesday under Section 9(5) for failing to provide notice for the August 30 and 31 protest which saw more than 100,000 people hitting the streets […]
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Move to blend shariah, common law a political ploy, says lawyer
Source: The Malaysian Insider The move to harmonise shariah and common laws in the country is just a ploy to dupe the people into believing that those with no religious credentials represent Islam, a constitutional and human rights lawyer said. Harmonising the two sets of laws would involve amending the constitution, said Aston Paiva. “Brandishing […]
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No more ‘lain-lain’ category for Sabah ethnics
Source: The SunDaily KOTA KINABALU: The Cabinet has agreed to a recommendation by the Technical Committee on Sabah and Sarawak Bumiputera Minorities to reclassify Sabah and Sarawak Bumiputera in race columns in official government forms. The technical committee is co-chaired by Energy, Green Technology and Water Minister Datuk Seri Dr Maximus Ongkili and Minister of […]
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Merakyatkan Perlembagaan: Why Do I Need to Know the Federal Constitution?
The Bar Council Constitutional Law Committee is organising a public forum under the nationwide MyConstitution Campaign, in its quest to improve public awareness of the Federal Constitution and promote constitutionalism among Malaysians.
The forum aims to enlighten the participants, not only about what is contained in the Federal Constitution but also its significance as the supreme law of the land, and the importance of knowing and understanding the Federal Constitution.
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Public Forum on “Whither the Federal Constitution — Do Fundamental and Minority Rights Matter?” [Updated]
Some recent cases demonstrate a great reluctance on the part of the courts to invalidate legislation or state enactments on constitutional grounds. Where fundamental liberties are concerned, the courts are prepared to interpret restrictions widely, to the point where the exercise of the fundamental right is either completely prevented or rendered illusory. The interest of the state appears to prevail over the constitutional rights of citizens.
To address these rising concerns and other matters, the Bar Council is organising a public forum entitled “Whither the Federal Constitution — Do Fundamental and Minority Rights Matter?” We will have the benefit of the views of constitutional lawyers and an eminent panel of retired senior judges
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Malaysia’s approach to Islam dangerous, says Azmi Sharom
Source: The Malaysian Insider The way religion is dealt with in the country today presents a clear danger that the protection awarded to the people under the Federal Constitution has become illusionary, says Dr Azmi Sharom. It was particularly scary for Muslims, especially after a recent Federal Court decision which held as constitutional a provision […]
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Gabungan Dewan Negara Dewan Rakyat YDPA Majlis Raja Raja dan Mahkamah penting hadapi RUU MKN 2015 – Dr Syed Iskandar Syed Jaafar Al Mahdzar
Sumber: The Malaysian Insider Pakar Perlembagaan negara, Prof Emeritus Datuk Dr Shad Salem Faruqi UITM Shah Alam pada 5 hb Disember 2015 mencadangkan pindaan dilakukan Jawatan Kuasa Dewan Rakyat dan Dewan Negara ke atas Rang Undang-undang Majlis Keselamatan Negara 2015 (RUU MKN 2015). Peranan Dewan Negara dan Dewan Rakyat sebenarnya masih ada sepertimana yang termaktub […]
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Don’t erode court’s power to review government actions, retired judge pleads with Putrajaya
Source: The Malay Mail Online KUALA LUMPUR, Dec 9 — Retired judge Datuk Mohd Hishamudin Mohd Yunus urged the federal government today not to strip the judiciary of its powers to review the executive’s decisions, amid mounting criticism against the recently passed National Security Council (NSC) Bill that will concentrate even more authority in the […]
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Syariah in Malaysia: Experts weigh in
Source: The Star Online THE G25 group of eminent Malays has reiterated it would spearhead a plan to set up a council to examine Syariah laws that have breached the provisions of the Federal Constitution. The focus of the council, as stated by G25 spokesman Noor Farida Ariffin, will be on laws that intrude into […]
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NSC could undermine Yang di-Pertuan Agong’s command of the military
Source: The Rakyat Post KUALA LUMPUR, Dec 18, 2015: Prominent lawyer and electoral reforms activist Datuk Ambiga Srenevasan says the recently-passed National Security Council (NSC) Bill 2015 is illegal and not workable. She said the bill did not provide for the issue of chain of command, except in contravention with the Federal Constitution. Ambiga pointed out that the […]
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