UM Law Constitution Bulletin

 September 2018
Local News
Federal Court Declined to Rule on the Constitutionality of the Appointments of Ex-Top Judges

Malaysian Bar respects the decision but disappointed.
Senate Rejected Repeal of Anti- Fake News Act 2018
Selangor Raised Minimum Age of Muslim Marriage to 18
Four New Eminent Persons in Judicial Appointments Commission

Three former judges of the Court of Appeal and legal and constitutional expert selected as new members of JAC.
Caning of Two Terengganu Women
Hearing of Stateless Children Cases Delayed Again

Waiting for the views of the Home Minister and the Attorney-General.
International News
Supreme Court of India Decriminalised Gay Sex
All Nine Justices of the Ecuadorian Constitutional Court Removed
Constitutional Court of South Korea Ordered Enacting Right to Reject DNA Collection

The collection of a person's DNA without the person's consent infringes the person's right to access the courts.

President of India Promulgated Triple Talaq Ordinance

The Ordinance to criminalise the practise of "triple talaq".
ICJ Began Hearing Mauritius' Claim

British Government allegedly forced the transfer of the Chagos Islands as a condition of independence in the 1960s.

Constitutional Court of Colombia Ruled Bullfighting is Legal

Bullfighting will return to the capital in 2019.

Prostitution Is Against Human Dignity

Turkey's Constitutional Court ruled that employment in the prostitution sector has nothing to do with privacy rights because "willingly accepting prostitution as a profession would be against human dignity."
Recent Scholarships
Tamir Moustafa, Constituting Religion: Islam, Liberal Rights, and the Malaysian State (Cambridge University Press 2018) - Tamir Moustafa uses case studies to examine the influence of Islam in Malaysia’s legal order.

Rehan Abeyratne & Didon Misri, “Separation of Powers and the Potential for Constitutional Dialogue in India” Journal of International and Comparative Law (forthcoming) - The article discusses the unique system of separation of powers in India, focusing on public interest litigation.

Adem Abebe, “Taming Regressive Constitutional Amendments: The African Court as a Continental (Super) Constitutional Court” International Journal of Constitutional Law (forthcoming) - The African Court as a Continental Constitutional Court has extensive implications on constitutional courts reviewing validity of constitutional amendments.

The Vitruvian Man (that which is human) no longer occupies the center but is considered one of the parts and completely dependent.

Parliament, the courts, the Human Rights Commission, the proposed Law Reform Commission and civil society groups must catch the winds of reform.

Current judges need to reform the judiciary system.

The usage of English as the medium of instruction in Government schools in Sarawak and the dignity of minimum wage.

The Cape High Court has compelled government to introduce legislation that recognises Muslim marriages.

Unintended consequences of the failure of the Constitutional Court
Upcoming Events
We are delighted to announce that our Constitutional Law Lecture Series (CLLS) is back!
A new
Conversations on the Constitution Series (CCS) will also be organised to provide an opportunity for the wider community to engage with leading experts on important and vital Constitutional issues. The Conversation series is meant to be informative, interactive and thought provoking. Each Conversation will bring together a panel of academicians, lawyers, legislators and key influencers who will offer their insights into contemporary Constitutional challenges and respond to questions and comments from the audience.

Organised by Chooi & Company + Cheang & Ariff in partnership with the Faculty of Law, University of Malaya, the seventh Lecture in the CLLS will be held on 22 November 2018 and the first Conversation in the CCS will be held on 13 December 2018. 

The details of the first Conversation in the CCS are as follows:
Date and time: 13 December 2018 from 5.30 pm to 7.30 pm

Venue: Faculty of Law, University of Malaya

Topic: Strengthening Parliament’ 

Her Excellency Vicki Treadel
Dato’ Ariff Yusof
YB Hannah Yeoh
Dr Michael Jeyakumar

The details of the seventh Lecture in the CLLS are as follows:

On 13 Nov 2018, the Rt Hon The Lord Reed, Deputy President of the UK Supreme Court, will deliver this year’s lecture on the topic of Politics and the Judiciary.

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.
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