UM Law Constitution Bulletin

May 2020
Rays and Rains at Home

One-day sitting darkest hour in country’s Parliamentary history, says Kit Siang.

Is replacement of Dewan Rakyat Secretary constitutional? — Hui Yee Kee.
Final decision, power on redelination should rest with EC, not Parliament, says deputy chairman.
Law & Behold: Podcast
Law & Behold #23: Free Speech, The AG & Parliamentary Oversight.

The recent arrests of undocumented migrants across Kuala Lumpur in a bid to curb the spread of Covid-19, and the move to turn away hundreds of Rohingya refugees stranded at sea by the authorities, has raised concerns among many. In the Federal Constitution, the right to life and the right to equal treatment is guaranteed to all persons - without distinguishing the citizenship status of the person. This includes the right to humane treatment and to dignity of life.

Law & Behold #22: Rights of Undocumented Migrants in the Time of COVID-19.

First, we touch on free speech, while discussing YB Xavier Jayakumar being investigated under the Sedition Act & s 233(1) CMA. Next, we look at the role of the Attorney General of Malaysia, whose responsibilities are provided for in Article 145 of the Federal Constitution. Finally, we discuss the importance of parliamentary oversight as envisioned in the Constitution, with regard to the recent stimulus packages announced.

Winds of Change
Constitutional Amendments

In royal address, Agong reveals failed attempt to convince Dr M against resigning during political crisis.

Move on no-confidence vote unlikely.

Perak Pakatan does not recognise new state Speaker, will challenge appointment in court.
Legislative Reforms

Patrick Teoh remanded for three days.

Lawmakers voice caution over ‘no confidence’.

CMCO: Interstate travel ban still in effect except for those with police permit.

No escape for errant travellers.
Parliamentary Reforms

For checks and balances.

Dr M hopes ‘good sense’ will prevail among MPs when time comes for no-confidence vote against PM.

Change of govt expected in Kedah after 36 reps met with Sultan.

Parliament must debate motion to sit for more than one day on May 18, says Liew.
Emeritus Professor Datuk Dr Shad Saleem Faruqi: "Does that mean that the government deciding that Parliament will sit for only one day with the agenda as so determined under the circumstances is Constitutional? Parliament, as a whole, plays a very important role in the separation of powers in “governing” our nation as provided for in Articles 39, 44 and 121 of the Federal Constitution. It is with this separation of powers that we hope for our nation to truly become one that upholds the rule of law in the general interests of its citizens. It should be clear that if Parliament does not sit at all, then one important arm of governance is amputated. By the same logic, I humbly opine that to allow Parliament to sit for a day or even a few days that do not allow Parliament to fulfil its role is to deny..."
Tides and Turbulences Abroad
Public Comments
Emeritus Professor Datuk Dr Shad Saleem Faruqi

State defiance lacks legal basis.

Segun Gbadegesin

Dilemmas in the age of coronavirus.

Jahaberdeen M. Yunoos


The language of justice in the courts.
Memorial of Mr James ...
In loving memory of Mr James Low Hong Ping [1990-2020]
 
UM Consti Team and Constitutional Literacy Initiative are deeply saddened to announce the tragic passing away of Mr. James Low Hong Ping, after a 10-day battle against complications resulting from heart seizure. James was a courageous and determined fighter against personal adversities. Despite his physical challenges he led an intellectually active life, tutoring students, writing articles, serving on national and faculty committees, accepting new challenges and blazing new trails. He was the founder of UM Consti Bulletin and an academician at the Faculty of Law, University of Malaya. He was a thorough gentleman and an extremely humble person despite his considerable intellectual achievements. His humility and dedication to work were exemplary. Today, the legal fraternity has lost one of its stalwarts. 

We believe that Mr. James impacted many lives in the most unique and extraordinary way. Like fireworks, his life shone brightly, pouring light into the lives of many. Sadly, the sparks fizzled out too soon though we will remember how beautiful they were. 

Gone from our sight, but never from our heart. Rest in peace, Mr. James.
UM Consti Team and Constitutional Literacy Initiative offer our deepest sympathies to the loving and devoted members of Mr James’ family and we pray that they will have the strength to bear this great loss.   


(Written by Emeritus Professor Datuk Dr Shad Saleem Faruqi and UM Consti Team)
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