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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Will the formation of a Royal Commission heal the Judiciary's deathly fever?
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Yesterday, there was a flurry of social media messages that the King had resigned. Can His Majesty do that? That is the question. What is the answer?
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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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