Tun Salleh Abas has been a beacon of justice in Malaysia. He paid a an exceedingly heavy price: so heavy no normal man could bear it. His departure from the Judiciary in 1988 left it crippled and at the mercy of the Executive. This is 10 minutes of his life.
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Forget about the unconstitutional Emergency. That is a given. Do we have a valid Cabinet in the first place? Find the answer here.
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This is a true story of an unusual client: one who kept his word.
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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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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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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 the written constitution subject to another, higher, principle? A higher law? It is. Read on.
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How many times can the monarch 'exercise' his constitutional, 'appointing discretion'? My view is: 'Once'. Why is that?
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Can the King act against the Cabinet’s advice?
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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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