Does The AG Need To Be A Malay Or A Muslim? Does He Have To Advise On Syariah Law?

The nation is trundling towards a calamitous constitutional misunderstanding.  Someone has to do something about it and set matters straight. Let us identify what is happening. A debate has begun to rage.  It concerns the identity of the person who should be the next Attorney General.  It is about constitutional provisions regarding what characteristics the Attorney General should have—and whether the current nominee, Mr. Tommy Thomas has them. Two conflicting ideas At the heart ...

Read More

Reconsider status, role and appointment of Attorney General – Amend the Constitution!

The provisions of the Malaysian Federal Constitution - which regulate the powers of the AG  are in a mess. Urgent reform is imperative. The starting point in understanding this mess is Article 145 of the Federal Constitution. Under Article 145(1) the King ‘shall on the advise of the PM' appoint a person who is qualified to be a judge of the Federal Court to be the AG. It is the AG’s duty to advise the ...

Read More

Time To Rebuild The Malaysian Judiciary

Legal History The electoral tsunami is over. It is now time to rebuild institutions of state, the foremost of which is the judiciary. Now that we speak of the judiciary, the first thought that springs to mind is the concept of Rule of Law.  That originated centuries ago.  The English Magna Carta (‘The Great Charter’), signed in 1215, was a turning point for the development of the Rule of Law. Two principles are ...

Read More