Blog , Constitutional Law , English , For Lawyers , Government , Politics , Uncategorized
Can Parliament appoint a Prime Minister?
Mahathir announced that Parliament can pick a new PM. Is that constitutional?
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What next in the Malaysian Game of Thrones?
Malaysia is still on tenterhooks. The governing coalition has been destroyed by betrayal. Can a coalition government be formed? If Yes, will it survive? If No, will the nation be forced into sudden polls? Fear and uncertainty grip the nation.
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
Should the King trigger Fresh Elections?
Suppose 112 (or more) MPs ask the King to call for elections because of a hung parliament. Three questions arise: (1) When can the King do it? (2) How should the King do it, and (3) Should the King do it at all?
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What options are open to the King?
The nation is on tenterhooks. The Prime Minister has resigned. He has been reappointed an 'interim PM'. No coalition can be formed. What will the King do? What options are before His Majesty? Currently, the King is interviewing every MP personally. He wants to determine each one's stand. Will this MP support the one coalition or the other? Does the MP think a snap poll is inevitable? Is ...
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Can the King stop a change of government?
Yes, His Majesty can.
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
Can the courts stop a prime minister from suspending Parliament? [Part-2 of 2: What the Supreme Court said, and Why]
We saw in Part-1 of 2, the problems that beset the UK when it chose to leave the EU. Prime Minister Boris Johnson suspended Parliament because he wanted a Brexit ‘with no deal’. The Supreme Court ruled that the prorogation had been unlawful. Why did it say so? And what is so important about the decision? Read on …
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Can the courts stop a prime minister from suspending Parliament? [Part-1: Johnson prorogues Parliament]
They can – as did the UK Supreme Court on 24 Sept 2019. The Court ruled that the PM Johnson’s advice to the Queen to suspend (‘prorogue’) Parliament had been unlawful. The Court declared that Parliament could resume its work. This case is historic. The effect of this case will be felt for centuries. Why? Read on ...
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
How should we choose our top civil servants?
How should we choose our civil servants? Who chooses them? What are the criteria to be employed? How should they be fired? Should not civil society and Parliament have a role to play? Should not the public be consulted?
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The MACC quandary: Should stakeholders be consulted before public officials are appointed?
A great public uproar accompanied the sudden appointment of the MACC Chief. Behind the clamour lurks a Kraken of colossal importance: Should all national stakeholders have a say in the appointment of senior public servants? This is an educational moment. What will we do with it?
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
Which is supreme: the Constitution, the monarchy or some other power?
A Ruler's power to appoint a Chief Minister is all the rage. A blogger once wrote that the monarch could appoint his gardener as prime minister. Was he right? This minor question begets larger ones. For a start, (1) Is there a legal principle higher than the Constitution? (2) How should the Constitution be interpreted?
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