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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Suppose you are not a lawyer. How should you interpret your constitution? Are there any tools available to do that? Read on...
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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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In short, No. Why?
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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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