Ini adalah artikel kedua Amer Hamzah Arshad (salah seorang LoyarBurok) dalam kolum “Paksi Kata” di akhbar Suara Keadilan yang menyentuh mengenai krisis perlembagaan negeri Perak dan kepentingan perlembagaan di dalam kehidupan seharian. Ianya juga menerangkan mengapa rakyat seharusnya menghadiri pelancaran Fasa 2 Kempen PerlembagaanKu “Institusi Perlembagaan & Pemisahan Kuasa” pada Januari 15, 2010 di...
Read more »
Tags: Amer Hamzah Arshad, Federal Constitution, hak berhimpun, hak bersuara, judicial crisis, Kempen PerlembagaanKu, ketuanan Melayu, krisis kehakiman, Nizar, Perak, Perlembagaan Persekutuan, Sultan
Posted in Selected Exhortations | 1 Comment »
Loyarburok strongly believes that it is unhealthy to force lawyers to wait too long for the hearing or mentions simply because it may at some point force them to think, or worse think critically. Encik Fahri Azzat who was recently in the Penang High Court for a winding up hearing was afflicted with both...
Read more »
Tags: Agong, Article 3(2), Article 3(3), Article 3(5), Che Omar bin Che Soh v PP [1988] 2 MLJ 55, Chief Minister, Federal Constitution, Governer, Menteri Besar, Prime Minister, Rule of Law, Sultan, too close to comfort
Posted in Judging the Judges | 2 Comments »
With reference to the 3 questions for the Federal Court on the MB v MB appeal mentioned here, my answers are as below:
Read more »
Tags: 3 questions, Article 16(6), Executive Council, Federal Court, Legislative Assembly, MB, Menteri Besar, Nizar, Ruler, Sultan
Posted in Case Notes | 10 Comments »
Introduction
Last week, I wrote an online comment on the nature and ambit of the Sultan of Perak’s powers (see www.loyarburok.com here), basing my thoughts on the High Court decision in that case. Shortly afterwards, two of the three Court of Appeal judgments – those of Dato’ Raus Sharif and Dato’ Ahmad Maarop JJCA –...
Read more »
Tags: Barisan Nasional, Dato' Nizar Jamaludin, Dato' Zambry Abdul Kadir, HRH, Legislative Assembly, Menteri Besar, Pakatan Rakyat, Sultan
Posted in Case Notes | 14 Comments »
Why is Zambry’s EXCO illegal? Let us examine the late Tun Suffian’s interpretation.
First, the context.
Did Nizar tender the resignation of his EXCO?
1. Thus far, we have been asking the question whether the Sultan (HRH) may dismiss the Menteri Besar (MB). The High Court has ruled that HRH does not...
Read more »
Tags: EXCO, Harding, HRH, illegal, Nizar, Suffian, Sultan, Zambry
Posted in Bolehland | 2 Comments »
I have been labelled anti this and that. Apparently, I am also pro this and that, or the other. As such, I am going to begin this article with a disclaimer, just as all accountants do on their reports. This article contains my interpretation of the relevant Constitutional provisions in respect of the “rights”...
Read more »
Tags: affirmative action, Article 153 of the Fed Consti, constitutional monarchy, education, equality under the law, freedom of speech, government contracts, Malay Rights, Malay Rulers, mango, native rights, non Malays' legitimate interests, quotas, Sabah, Sarawak, scholarships, sedition, Social Contract, Sultan
Posted in Why You Can, I Cannot? | 7 Comments »
I write this article so as to apprise the people who, in the mind of the general public, have taken the law into their own hands through the harassment of law abiding citizens of this country with the threat of using the Sedition Act 1948 on them. They should not have done it without...
Read more »
Tags: actus reus, mens rea, Najib, PP v Param Cumaraswamy [1986] CLJ (Rep) 606, Ruler, Sedition Act 1948, seditious tendency, Sir James Stephen, Sultan, Zambry
Posted in Express Yourself | 2 Comments »
Royalties tend to have more patience than most of us because they live off our hard earned money, don’t have to work if they don’t want to, use their positions for business, marry and divorce as often as they like (all on our money of course), can sell titles, can give titles in exchange...
Read more »
Tags: Gandhi, Jesus, Mother Theresa, Sultan
Posted in Bolehland | 16 Comments »