UM Law Constitution Bulletin

 August 2018

Welcome to the UM Law Constitution Bulletin

In conjunction with Malaysia’s 61st Merdeka (Independence) Day, the Faculty of Law, University of Malaya is delighted to launch a monthly “UM Law Constitution Bulletin”. Its aim is to promote literacy about our Constitution’s “glittering generalities” and the inevitable growth and evolution that constitutions undergo with the march of times. 
In a country with a supreme Constitution, knowledge and understanding of the basic law’s founding principles is a pre-requisite to good citizenship. This Bulletin will provide links to selected articles of interest on constitutional law, both national and international, leading judicial decisions, legislative events and law reform proposals. It will alert the reader to upcoming prestigious law events and international news of interest.
In acknowledgement of the fact that constitutional law is linked with philosophy at one end and politics at the other, we will keep the reader informed of the significant political developments that impact on constitutional growth. In this issue, for example, we provide access to news and views of the performance of the new Mahathir government after the May 2018 General Election.
As part of its effort to promote legal literacy and access to the law, the Faculty publishes two law journals and is also involved actively in the ASEAN Legal Information Centre. This Bulletin will, hopefully, augment our efforts.
Readers are advised to click on the title of the selected item (in blue or yellow) and you will be directed to the source. If you would like to bring our attention to a particular news, article or event, please feel free to write to us at We also welcome any constructive feedback.
We wish all Malaysians a blessed Merdeka Day on August 31 and a joyous Malaysia Day on September 16.. 
Assoc. Prof. Dato' Dr Johan Shamsuddin bin Hj Sabaruddin
Local News
Judiciary Convened Historic Nine-Member Bench

A nine-member Federal Court bench convened for the first time to hear a commercial case involving constitutional issues.
Dewan Negara Passed 5 Bills Related To SST

Sales and Service Tax set to take effect on 1 Sept 2018.
Separation of the Office of AG and PP
Anti-Fake News Act 2018 Repealed

It is reported that Malaysia is the first country in the world to repeal the fake news law.
Najib's Gag Order Application Dismissed

High Court judge ruled the motion violated the freedom of speech.
Federal Constitution Won't Be Amended To Restore Agong's Powers

The mandatory requirement for the assent of the YDPA to enable a Bill to become law will not be revived.
11-Year-Old Child Marriage
Caning of Women Postponed

The caning of two women who pleaded guilty to having same-sex relations postponed as “a few agencies will be involved”.
100 Days of Pakatan Harapan
The 100 Days of the Pakatan Harapan Government

Full speech by Prime Minister Tun Dr Mahathir Mohamad in conjunction with the first 100 days.
Pakatan Harapan 100 Days

The Star Online graded Pakatan Harapan's performance.
10 Promises In 100 Days

Malaysiakini monitored Pakatan Harapan's manifesto pledges.
100 Days Report Card

Suara Rakyat Malaysia found that the Government had only managed to achieve about 20% of the promises.
International Malaysia Law Conference 2018
Keynote Address by His Royal Highness Sultan Nazrin Muizzuddin Shah, Sultan of Perak Darul Ridzuan – His Royal Highness shared four deep institutional reforms to restore the rule of law.

5th Raja Aziz Addruse Memorial Lecture, Delivered by Emeritus Professor Datuk Dr Hj Shad Saleem Faruqi – Lessons about the Importance of Judicial Independence and Impartiality.

Presentation by Justice Datuk Dr Haji Hamid Sultan bin Abu Backer, Judge of the Court of Appeal of Malaysia – His Lordship was severely reprimanded by a top judge for his dissenting judgement in the Indira Gandhi case at the Court of Appeal.
International News
South African Constitutional Court To Decide on the Right to Protest

The Constitutional Court reserved judgement on whether the criminal offence of holding a peaceful protest without giving notice is constitutional.
South Korean Constitutional Court Ruled in Support of Protests Near Courts

The Constitutional Court ruled against a law prohibiting rallies near local courts, on the ground that it infringed freedom of assembly.

Zimbabwe Allowed Live Broadcast of Presidential Court Challenge

The Judicial Services Commission granted a request by the state-run Zimbabwe Broadcasting Corporation to televise the proceedings of the court challenge to President Emmerson Mnangagwa’s election victory live.
South African Constitutional Court Confirmed That The Removal and Appointment of NDPP Were Invalid

The Constitutional Court confirmed the declaration by the High Court of South Africa that the then President Jacob Zuma’s conduct in the removal of the then National Director of Public Prosecutions and the subsequent new appointment was constitutionally invalid.

Indian Supreme Court Judges To Contribute To Help Rebuild Rain-Ravaged Kerala

All 25 judges in the top court to donate Rs. 25,000 each to help flood-hit Kerala.

I-CONnect (the blog of the International Journal of Constitutional Law) held an online symposium discussing the constitutional implications of the Malaysian 14th General Election. The online symposium featured six posts from local and foreign constitutional law scholars.
Constitutional Lessons from the First 100 Days: The Council of Eminent Persons
it is argued that the Council's existence is both legally and normatively legitimate.
Restoring the Spirit of Independence

To go forward as a nation, we need to go back to the spirit of tolerance.
The King Reigns, He Does Not Rule

Duties and discretion of the YDPA.

Why the law is still being used when Pakatan Harapan promised it would abolish the Sedition Act.
The Bar Council Constitutional Law Committee and the Bar Council National Young Lawyers and Pupils Committee co-organised the public forum, the speakers of which were YB Maria Chin Abdullah, YAM Tunku Zain Al-‘Abidin, Andy Yong Kim Seng and Assoc. Prof. Dr Azmi Sharom.
The Italian Parliament appointed 21 men to fill all the available seats in the independent constitutional councils for the Judiciary.
Upcoming Events
32nd Sultan Azlan Shah Law Lecture 2018

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.

Professor Andrew Harding will speak on the constitutional changes effected by GE14 and its aftermath at JC 1, Level 1, Sunway University from 5:30pm – 7pm on 3 Sept 2018.
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