Source: The Borneo Post KOTA KINABALU: DAP Sabah organising secretary Henry Shim has urged the Election Commission (EC) to provide an explanation over a recent complaint on voters registration that went viral on Facebook. The said complaint arose when a resident by the name of Achmadi bin Abdul Libad found that his name was duplicated […]
DAP Sabah calls on EC to explain voter registration anomaly
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Syariah amendments constitutional, says former judge
Source: The Star Online Retired Court of Appeal judge Datuk Mohamad Ariff Md Yusof said the [amended RUU355] Bill would be constitutional if the crimes it addressed did not overlap with matters included in the Federal List, including murder, rape, robbery and theft. PETALING JAYA: Amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355) […]
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Hadi’s bill: Maximum sentence open to abuse, says ex-judge
Source: FMT News KUALA LUMPUR: PAS president Abdul Hadi Awang’s amended motion to enhance Shariah punishments is constitutional but the request for maximum penalty is too harsh, says a retired judge. Mohamad Ariff Md Yusof said there was no justification in the Marang MP’s proposal in his Private Member’s Bill, to mete out sentences of […]
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Putrajaya can proceed with appeal against sedition ruling
Source: FMT News PUTRAJAYA: The government can proceed with its appeal against the appellate court’s landmark ruling that struck down a provision in the Sedition Act 1948. This follows a decision by the Federal Court’s three-man panel yesterday to grant the government leave to appeal against last Nov 25’s appellate court decision declaring Section 3 […]
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Dignity for Meera — Azrul Mohd Khalib
Source: The Malay Mail Online BY AZRUL MOHD KHALIB FEBRUARY 27 —This past week, we have been sickened by the case of Sameera Krishnan. A worker at a florist, she was attacked by masked individuals who repeatedly shot and slashed her with an edged weapon resulting in severe wounds to her head, arms and legs. […]
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Tun Hamid: Rukun Negara tak wajar jadi mukadimah Perlembagaan
Sumber: FMT News KUALA LUMPUR: Rukun Negara diwujudkan atas sebab keadaan politik negara justeru tidak sesuai dijadikan mukadimah Perlembagaan Persekutuan, kata bekas ketua hakim negara Tun Abdul Hamid Mohamad. Beliau menyuarakan kebimbangan jika Rukun Negara dijadikan mukadimah yang mempunyai kuasa undang-undang dan hakim perlu menggunakannya untuk mentafsir perlembagaan, ia berisiko mewujudkan penghakiman yang bertentangan dengan […]
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Lawyer: What happens to atheists if Rukunegara included in Federal Constitution?
Source: The Malay Mail Online KUALA LUMPUR, March 5 — The rights of atheists to not believe in the existence of God would be affected if the Rukunegara is made a preamble of the Federal Constitution, a Muslim lawyer said today. “Next, one of the five tenets of the Rukunegara is believing in God. Now […]
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Article 121 amendment illegal, says ex-judge
Source: FMT News PETALING JAYA: The amendment to Article 121 of the Federal Constitution in 1988 has effectively stripped the judiciary of its independence, a retired Federal Court judge says. Gopal Sri Ram said the amendment to remove the phrase “judicial power of the Federation” during the term of former prime minister Dr Mahathir Mohamad […]
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Lawyers: Redelineation without Selangor puts entire exercise at risk
Source: The Malay Mail Online KUALA LUMPUR, March 16 ― The Election Commission (EC) may be compelled to repeat its proposed redelineation for peninsular Malaysia if it insists on proceeding without Selangor that is challenging the exercise, according to legal experts. They noted that Selangor’s legal suit against the proposed redelineation was currently ongoing and […]
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Fairuz’s interpretation of Islamic law ‘weird’, says law expert
Source: FMT News PETALING JAYA: A law expert has joined in the chorus of critics that have dissected the controversial stand of former chief justice Ahmad Fairuz Sheikh Abdul Halim that Islamic law takes precedence over civil legislations in Malaysia. Abdul Aziz Bari said Fairuz’s way of interpreting the Federal Constitution was both weird and […]
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Constitution – the litmus test of validity — Shad Saleem Faruqi
Source: The Star Online BY SHAD SALEEM FARUQI FORMER Chief Justice Tun Fairuz Sheikh Abdul Halim is reported to have stated at a forum that “Islamic law takes precedence over civil legislation in Malaysia”. According to him, “just like laws that contradicted the Federal Constitution would be void, those that went against Islamic law’s main […]
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Law Reform Act: Government’s decision based on national interest, says DPM
Source: The Malay Mail Online PUTRAJAYA, April 4 — Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi today stated that the government’s decision to amend the Law Reform (Marriage and Divorce) Act 1976 or Act 164 was based on national interest. Responding to the suggestion by Perak Mufti Tan Sri Harussani Zakaria for the […]
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Strengthening separation of powers — Shad Saleem Faruqi
Source: The Star Online BY SHAD SALEEM FARUQI From the point of view of judicial independence, there are many objectionable features of the Judicial and Legal Services Commission’s set-up. A CORE feature of a constitutional state is that the judiciary must be separate from and independent of the other branches of the state. Judges must […]
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Salesman detained under Poca files habeas corpus application
Source: The Star Online Video from FMT News KUALA LUMPUR: A salesman, who was detained under the Prevention of Crime Act 1959 (Poca), has filed a habeas corpus application at the High Court here to secure his release. R. Vishnu Moorthy, 38, has named Bukit Aman Commercial Crime Investigation Department director Datuk Acryl Sani Abdullah […]
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Seminar on Human Rights and the Constitution
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Federal Court: Parliament cannot curtail judiciary’s power
Source: FMT News PETALING JAYA: The 1988 amendment to the Federal Constitution to check the powers of the judiciary is contrary to the basic structure of the supreme law of the land, a recent Federal Court ruling said. Justice Zainun Ali said the amendment undermined the principle of separation of powers and independence of the […]
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Seminar on Human Rights and the Constitution
Source: KL Bar
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An Independent Judiciary is Indispensable to the Rule of Law — The Malaysian Bar
Source: The Malaysian Bar Statement dated 8 May 2017 The Malaysian Bar hails the landmark judgment by the Federal Court in Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another [2007] 1 LNS 496, dated 20 April 2017. The Federal Court unanimously held that Parliament does not have the power to amend […]
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Parliament must restore judicial power to courts, says Malaysian Bar
Source: FMT News PETALING JAYA: The Malaysian Bar has urged the government to give effect to a recent Federal Court ruling that judicial power remains in the hands of the court. “The Bar reiterates our call upon the government to restore Article 121(1) to its original form, in order to bring the Federal Constitution in […]
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Uphold Established Principles of Common Law — The Malaysian Bar
Source: The Malaysian Bar Statement dated 10 May 2017 The Malaysian Bar is deeply concerned by the recent decision of the High Court to strike out the claim — brought by Tun Dr Mahathir Mohamad and two others — against the Prime Minister Dato’ Sri Mohd Najib Tun Abdul Razak for the tort of misfeasance […]
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