UM Law Constitution Bulletin

December 2018
Editor's Note

Dear Readers,

As the historic 2018 comes to an end, we would like to convey our deepest gratitude to all of you. Your interest in the Bulletins reminds us of our responsibility to supply constitutional literature to meet the demands of a more participative citizenry.

To make our Bulletin more accessible, interactive and exciting, we endeavour to change our presentation and roll out new features in the upcoming months. To begin with, we have added a simple survey in this issue, enquiring on your stand in local council elections.

Note however that only subscribers on the mailing list can submit their survey response. If you are not on the list and would like to receive the monthly Bulletins in your inbox, please click here to subscribe!

As always, you are invited to click on the links in blue and yellow to access and read the sources. Any comment or feedback via is most welcome.

We wish everyone a peaceful, joyful and hopeful start to 2019.

Thank you.

Best regards,
James Low
Managing and Chief Editor
UM Law Constitution Bulletin
Rays and Rains at Home

PM: No Local Council Elections due to disproportionate representation

Should Malaysia have local council elections?
University and University Colleges Bill 1971 Amended
  • MP Maszlee: All disciplinary actions against participation in political activities to be dropped immediately. No more culture of fear.
  • Azmi: Right to repeal and not amend but disciplinary rules of each University have to be revised
Pulau Kukup de-gazetted in March 2018. TMJ said that as a Sultanate land, the island will be protected. There are plans to preserve the island.
Party Hopping
  • MP Liew: Anti-party hopping law would go against the freedom of association enshrined under Article 10(1)(c) of the Federal Constitution.
  • MP Ramkarpal: Amend Constitution to make party hopping illegal.
Dewan Rakyat adjourned. Speaker lauded implementation of reform agenda.
Winds of Change
Azmi Sharom, The Star columns:
  • Shiny moment to slimy movement

    "The year started off like any other year – cynical but with the slightest sliver of hope. In the middle of the year, we had one of the most unexpected and significant things to have happened to us as a nation, and now at the end of the year, we are once again brought down to earth."
  • Sedition Act should not be used again
Lau Pin Lean, Affirmative Action in Malaysia: Constitutional Conflict with the ICERD?, Verfassungsblog.

"Despite the challenges that such ratification would seemingly pose to Malaysia’s political environment, the commitment to human rights in our contemporary settings is more urgent than ever."
Constitutional Amendments

Amendment required to allow for redelineation exercise before the next general election.
Death Penalty

Bill to abolish the mandatory death penalty is expected to be tabled at the next Dewan Rakyat sitting.
Parliamentary Reforms
Six new select committees established.
Tunku Zain Al-'Abidin, The Star columns:
  • The true voice of the people

    "The Malaysian parliamentary democracy ought to be the legacy of vast and diverse experiences: Westminster traditions, international best practices and a local narrative of constitutionalism that spans the nascent ideas of rule of law expressed in the Terengganu Inscription Stone of 1326, the adat of Negri Sembilan that incorporated elections and decentralisation, and the Laws of Malacca that enabled free trade prosperity."

  • Standing committees to stand up for democracy
Tides and Turbulences Abroad
Sri Lankan Supreme Court: President Sirisena’s move to dissolve Parliament and conduct new elections was unconstitutional.
Mahinda Rajapaksa resigned as Prime Minister.
High Court of Singapore: Gay Singaporean man allowed to adopt surrogate child as this is in the child's best interest.

Supreme Court of the United States: Application to immediately enforce a new policy of denying asylum to migrants who illegally cross the Mexican border denied.

Federal Judge in Texas: Obamacare is unconstitutional.
Constitutional Court of Turkey: A university student's right to education and freedom of religion was violated due to the headscarf ban imposed in the country at the time.

Constitutional Court of South Africa heard arguments regarding the constitutionality of the use of corporal punishment at home.

Swiss voters rejected a right-wing proposal to put the Swiss constitution above international law.
Court of Justice of the European Union: The United Kingdom would be free to unilaterally revoke its Brexit notification under Article 50 of the TEU in accordance with its own constitutional requirements.
Breaking At Dawn
I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court - Four essays on the evolution of the Taiwan Constitutional Court, including its ever changing role, function and jurisprudence in Taiwan.
Symposium on the Universal Declaration of Human Rights and the Future of Being Human (2018) American Journal of International Law 112 - How to recast the Universal Declaration of Human Rights for the challenges posed by new technologies.
Ole Pedersen, Environmental Law and Constitutional and Public Law in Jorge Vinuales and Emma Lees, eds., Oxford Handbook of Comparative Environmental Law (Oxford University Press, 2019) - Discussing the relationship between environmental law and public law.
Lin Tzu Yi, Kuo Ming Sung & Chen Hui Wen, Seventy Years On: The Taiwan Constitutional Court and Judicial Activism in a Changing Constitutional Landscape, (2018) 48 Hong Kong Law Journal 995 - Shedding new light on the relationship between the Taiwan Constitutional Court’s activism and the larger political transition to democracy.

John William Draper, Preserving Life by Ranking Rights, (2018/2019) 82(157) Albany Law Review - Assessing various battlegrounds within the right to life like border walls, abortion and the death penalty in order to rank groups of constitutional rights.
On The Horizon

The workshop will be held from 5 - 7 December 2019 in Melbourne. Interested scholars must submit their paper proposals, a list of bibliographical references and CV to Ms. Kathryn Taylor ( by 15 February 2019.
Want to receive the monthly UM Law Constitution Bulletin in your inbox?
Copyright © 2018 UM Law Constitution Bulletin, All rights reserved.

Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list.

Email Marketing Powered by Mailchimp