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What is the test for Leave to the Court of Appeal?
Actually, it is still open. Other than one dictum, s. 68(1)(a) seems open to different interpretations. So what should that test be?
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When is the ‘Threshold Quantum’ in s.68(1)(a) CJA, to be determined?
Is it the time a claim is filed? Or after judgement? Eventually, the courts decided that the relevant quantum is at it was at the time its filing. Note that there is nothing logical about either of these positions.
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What is the role of the monarchy in a modern democracy?
A blogger once wrote that the monarch could appoint his gardener as prime minister. Was he right? This minor question begets larger ones.
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Is there a Higher Law than the Constitution?
Is the written constitution subject to another, higher, principle? A higher law? It is. Read on.
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Between elections, how many times can the King appoint a prime minister – or a State Ruler, a Chief Minister?
How many times can the monarch 'exercise' his constitutional, 'appointing discretion'? My view is: 'Once'. Why is that?
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Was the King wrong in refusing to proclaim an Emergency?
Can the King act against the Cabinet’s advice?
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Can the King refuse to appoint a Prime Minister chosen by the MPs?
The answer is ‘No’. His Majesty the King cannot ignore, delay or refuse the appointment of a Prime Minister, if the candidate has the support of the majority of the MPs in the House of Representatives.
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Can the King appoint an ‘Interim’ Prime Minister?
In short, No. Why?
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Was the Speaker right to refer the Motion of No Confidence to a Minister of the Crown?
Last week, the Speaker of the Malaysian Parliament declared that to table, in Parliament, a Motion of No Confidence against the PM, the motion needed the 'permission' of the Law Minister. Since when has any Speaker abdicated his duties to a minister? Is the Speaker's role subordinate to that of a minister?
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Who is qualified to be the Chief Minister of Sabah?
For the answer, you need to respond to two questions: (Q-1): Which single party has the most seats in the Legislative Assembly of Sabah? (Q-2): Who is the leader of that party? He is the one the Yang di-Pertua (‘the Governor’) should appoint as CM. In this, the Governor has no choice. So, who do you think satisfies these conditions? You are right!
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