Who guards the Guardians? What happens when the PM has the power to pick judges, but is in conflict?

The PM, the CJ, and other constitutional appointees are all guardians of the Constitution. If one falters, what happens? When a Prime Minister faces a suit in court, yet it is he who must pick the senior judges who will head the judiciary— he is immediately placed in an irreconcilable position of conflict. Three constitutional paths emerge from Malaysia’s deepest democratic paradox. What are they? There is no point in ...

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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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