by GK Ganesan April 24, 2023
Areas Of Practice , Blog , Constitutional Law , English , Government , Home Featured Articles , Politics

Why do Malaysian Ministers refuse to go on leave, or better still, resign, when their character in public office is called into question?

Ministers who suffer even a whiff of impropriety should immediately (1) make a public statement explaining the circumstances of the allegations against them; (2) allow space for enforcement agencies and Parliamentary Committees to do their investigation; and (3) go on leave.

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by GK Ganesan October 20, 2020
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

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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by GK Ganesan October 2, 2019
Blog , Constitutional Law , English , For Lawyers , Government , Politics

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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by GK Ganesan October 2, 2019
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

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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by GK Ganesan April 13, 2019
Blog , Constitutional Law , English , For Lawyers , Government , Politics

Which is supreme: the Constitution, the monarchy or some other power?

A Ruler's power to appoint a Chief Minister is all the rage. A blogger once wrote that the monarch could appoint his gardener as prime minister. Was he right? This minor question begets larger ones. For a start, (1) Is there a legal principle higher than the Constitution? (2) How should the Constitution be interpreted?

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