Could the King – or the Pardons Board – insert an Addendum into a Pardon?

The answer is, No. Why? Since the Najib saga began, the Addendum has been, in Churchill’s words, “a riddle wrapped in a mystery inside an enigma”. In my opinion, the key reasons are: [1]: Pardons cannot be granted ‘in instalments’. [2]: Accepted rules of constitutional interpretation do not at all point to any 'House Arrest' orders (a new Act of parliament is required for that!); and no precedent exists. [3]: ...

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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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The deathly silence of dissent in our courts…

Dissent means disagreement between judges.  In a case comprising, say 3 judges, a dissent occurs when one judge distances himself or herself from the other 2 on grounds of legal principle. A dissent is not without its uses.  It may limit the majority decision in some way.  Or the dissent may bear a seed of a wonderful legal point waiting to germinate at some future time. A brilliant lawyer will water ...

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