Tag: Separation of powers
Retired judge Gopal Sri Ram says the recent failure to amend Article 1(2) of the constitution casts doubt on whether MPs would support further amendments to the law.
They say merely amending a federal law like the Criminal Procedure Code would be insufficient and could lead to legal challenges.
Syed Iskandar Syed Jafaar Al Mahdzar says the Delegation of Powers Act 1956 allows the king to delegate the attorney-general's prosecutorial power to the public prosecutor.
In its New Year message, the electoral watchdog says constitutional amendments can be done without the government needing to have two-thirds majority in Parliament as it will have the support of the opposition.
This comes after deputy minister Hanipa Maidin says the government does not have the two-thirds majority needed to amend the law.
Deputy minister tells Dewan Rakyat that the Pakatan government does not have a two-third majority to separate the offices of the attorney-general and the public prosecutor.
Prime Minister Dr Mahathir Mohamad says the government is also deferring decision on the separation of powers of the attorney-general and the public prosecutor.
The Act will see greater autonomy in the administration of the Parliament.
The former Bar president says this would violate the doctrine of separation of powers, and suggests that the JAC be made a constitutional body to recommend judges instead.
Let’s take a deep look at the judiciary and improve the system of judicial appointments so that the crème de la crème are appointed judges.
Tommy Thomas says amendments to the Legal Profession Act in the past were done to punish the Bar, and that provisions in written law which purport to oust the jurisdiction of the courts must be repealed.
As power has a way of seducing people, who knows what a prime minister or government will do if there is no proper separation of powers and if too much power remains in the hands of a single individual or a coterie?
Unconstitutional and wrong for anyone other than PM to summon Chief Justice, Appeal Court president or any judge, says Gopal Sri Ram.
Tommy Thomas says criticism is part and parcel of free speech, and that he would rather listen to criticism than praise.
The judiciary cannot abdicate its powers to some other organs of the government under the doctrine of separation of powers, argues constitutional lawyer Cyrus Das.
Federal Court ruling on Indira Gandhi case makes it clear that no federal or state law can interfere with the power of judicial review, says Gopal Sri Ram.
Retired Federal Court judge Gopal Sri Ram says the judgment affirms several principles, including the doctrine that parliament cannot enact any law that interferes with the courts’ power of judicial review.
Umno veteran Tengku Razaleigh Hamzah says amending the Federal Constitution to shore up and strengthen an incumbent leader's power amounts to abuse of power.
Beruas MP Ngeh Koo Ham says this is because enforcement officials may not reveal all the facts, as in the case of the MCMC raids against Taiping MP Nga Kor Ming.
PPBM chairman Dr Mahathir Mohamad says his party will ensure separation of powers between executive, legislature and judiciary if opposition wins GE14.
The PPBM chairman says the executive branch of government should not obey the directives of the legislator if told to implement illegal acts.
As PM is an active litigant, he should not have launched special court for sexual crimes, say lawyers, who say Chief Justice Raus Sharif should have instead.
Judges must dispense justice, as a recent apex court ruling by Justice Zainun Ali has re-established the concepts of judicial power, independence of the judiciary and separation of powers, says Sri Ram.
Section 59A of the Immigration Act prevents aggrieved citizens the right to judicial review in such matters, says justice Nik Hasmat Nik Mohamad, in dismissing suit by Maria Chin Abdullah.
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