Do you have a constitutional right to travel?

We have all heard that there is a right to freedom of speech, the right to peaceful assembly, and the right to form associations: Article 10, Federal Constitution. Do you have a right to travel?  Is it guaranteed in the Constitution? Article 9 of the Constitution states that ‘… every citizen has a right to move freely throughout the Federation and to reside in any part thereof.’ So there it is: you can move ...

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The difference between a power and a right

A right is inherent. It does not have to be written down anywhere. For example, the right to life, the right to religious freedom, the right to speak freely, or the right to associate with anyone one chooses. Some writers refer to rights enshrined in the Constitution. These inalienable rights above are different, and far superior to constitutional rights. A power has its genesis either in constitutional law, common law or ...

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Can a court grant a gag order?

When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’  The order sought to stop public discussions over the charges pending against Najib. The court said it would hear full arguments on the gag orders later.  It nonetheless granted ...

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The tale behind these Constitutional essays

You have seen the articles emerging from this blog since 09 May 2018 — or ‘5-0-9’ as I called the GE14 (the date of May 09th, 2018). There is a story behind these articles. Their production and timing were wholly accidental. In the years to come the people may become quiescent.  They may, once again, feel re-assured behind their closed doors. But these issues filled the night of 5-0-9, like night-tracer shells from artillery.  ...

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Karpal and Kit Siang – two colossi

Someone asked me last week, ‘What did Karpal do for us? What did Lim Kit Siang?’ I blinked. I thought I didn’t hear it right. What did they do? The guy who asked was young. Too young. I attempted an answer and unaccountably slipped into melancholy. I began by saying... These men fought a long-drawn out battle against an implacable enemy—entrenched racism. They fought for the rule of law. They argued that the ...

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Gerrymandering: Destruction Of A Democracy-101

Is every vote of equal strength? Does every vote, cast at any part of the nation, possess the same effect? Let’s use the 2018 General Elections (GE-14) as an example. The Kapar parliamentary constituency [P109] represents one seat in parliament. The Putrajaya constituency [P125] also represents one seat. What is the difference? Kapar had, in GE-14, 124,983 voters. Putrajaya had 27,314 voters. So, comparing apple-to-apple, for a single parliamentary seat, Kapar had 4.6 times ...

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