UM Law Constitution Bulletin

November 2018
Rays and Rains at Home

Malaysia decided not to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Is ICERD against the Federal Constitution? | Newsflash
Chief Minister of Sabah
  • The High Court rejected the application by Musa Aman who challenged Shafie Apdal as the CM of Sabah.
  • Legal discussion on the appointment of Chief Ministers. 
Sultan of Selangor decreed that all signboards must be in the national language.
English teacher sued for playing truant after being absent for 7 months.
Party Hopping

Coalition for Clean and Fair Election (Bersih 2.0) gave their view regarding the mass defections of UMNO members that may destabilise the democracy of the country.
Separation of powers between AG and PP postponed for now.
DPM maintained that female cirumcision is part of Malaysian culture
UPR Malaysia has promised to conduct half yearly evaluation of UPR recommendations.

How female circumcision is still practised in Malaysia | The Hidden Cut

Winds of Change
Allowing judicial reforms to take root – This article listed the recent judicial reforms that have been taking place and also commented on the need to extend the retirement age of judges.
Restoring the Independence and Integrity of Malaysia’s Judiciary: Proposals for Reform and Challenges Ahead – This article commented on the judicial reforms that are being planned and executed and whether these plans are enough to strengthen the judicial power.
Judicial Reforms
Death Penalty
Parliamentary Reforms
Written replies given in Parliament to be available online soon.
Tides and Turbulences Abroad
Supreme Court of Pakistan: Law punishing blasphemy valid, but not enough evidence to convict Asia Bibi.
Pakistan’s controversial blasphemy laws explained - The background facts and law surrounding the Asia Bibi blasphemy case.
Constitutional Court of South Africa: Section 2(1) of the Upgrading of Land Tenure Rights Act 1991, which prevents African women from owning property, unconstitutional. Parliament has 18 months to rectify.

All 40 constituencies of Ireland voted in favour of removing “blasphemy” from the Irish Constitution with 44 percent of eligible voters taking part in the poll.

Former Bangladesh Prime Minister sentenced to 12 years of imprisonment for embezzling US$375,000.
Supreme Court of South Korea: Males could reject compulsory military service on conscientious or religious reasons and opt for the yet decided “alternative” service.

One of the founding members of a Philippine lawyers’ group at the forefront of opposing President Rodrigo Duterte’s lethal war on drugs was gunned down. Benjamin Ramos was the 34th lawyer killed since Duterte became president two years ago.

European Court of Justice: Taste of food is not covered by copyright.
Taiwanese Rejected Same-Sex Marriage in Referendum
Referendum results conflicting with an earlier High Court decision raises legal confusion.
Sri Lanka’s Dissolution of Parliament

7-member Supreme Court bench to rule on validity of dissolution.
Breaking At Dawn
Rosalind Dixon and Adrienne Stone, eds., The Invisible Constitution in Comparative Perspective (Cambridge University Press, 2018) - Analyses the “invisible” dimension of constitutions, such as unwritten or conventional underpinnings, social and political dimensions from a comparative perspective, including Malaysia.
Faisal Kutty, Blasphemy and Apostasy 'Laws' in the Muslim World: A Critical Analysis in Nadirsyah Hosen, ed., Research Handbook on Islamic Law and Society (forthcoming) - Analyses Pakistani and Malaysian cases applying blasphemy and apostasy laws and argues that these laws are untenable in the modern world.
Joseph Raz, The Law’s Own Virtues, Columbia Public Law Research Paper No. 14-609 - New insights on the rule of law.
On The Horizon

The Asian Law Institute (ASLI) at the National University of Singapore Faculty of Law will host the 16th ASLI Conference in Singapore on 11 and 12 June 2019. The broad theme of the 2019 conference is The Rule of Law and the Role of Law in Asia. The deadline for submission of abstracts is 3 December 2018.
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