At the time of writing, six (6) former Parti Pribumi Bersatu Malaysia (“Bersatu”) Members of Parliament [collectively referred to as the “Bersatu Six”] had declared their support for the present Prime Minister[1] and had been expelled from Bersatu for the same.[2] Datuk Seri Dr Ronald Kiandee (in his capacity as Bersatu’s chief whip) then wrote […] The post Justiciability of Parliamentary No-Vacancy Decisions pursuant to Article 49A of the Federal Constitution appeared first on Joshua Wu Kai-Ming ..read more

In Ng Chin Chai (as public officer and Honorary Secretary of the Badminton Association of Malaysia) v Inter-Sports Marketing Sdn Bhd & Anor [2013] 9 MLJ 633 (“Ng Chin Chai”), the learned High Court judge stated the following in passing: “The decision of the Federal Court in Suwiri Sdn Bhd v Government of the State […] The post Inaccurate Proposition & Supporting Case Law in Ng Chin Chai appeared first on Joshua Wu Kai-Ming ..read more

My learned friend acting for the Plaintiff, in an ongoing dispute, contended that it is improper to quote the headnotes of a reported decision as the headnotes are prepared by the law reports and not by the Court (“Impugned Proposition”): With all due respect to my learned friend, the Impugned Proposition does not hold water. […] The post Can you quote and/or rely on the headnotes of a reported decision? appeared first on Joshua Wu Kai-Ming ..read more

1. Means “friend of the Court” In Nkgsb Cooperative Bank Limited vs Subir Chakravarty (Civil Appeal No. 1637/2022), the Supreme Court of India made reference to Black’s Law Dictionary’s definition of “amicus curiae”: “amicus curiae. [Latin “friend of the court”] (17C) Someone who is not a party to a lawsuit but who petitions the court […] The post 6 Things About Amicus Curiae appeared first on Joshua Wu Kai-Ming ..read more

1. Has several aspects In Public Prosecutor v Karpal Singh [2002] 2 MLJ 657, Augustine Paul J (later FCJ) made the following observation: “The concept of open justice has two aspects; firstly, with regard to proceedings in the court itself it requires that they should be held in open court to which the press and […] The post 5 Things About Open Justice appeared first on Joshua Wu Kai-Ming ..read more

On 9th February 2024, the majority of the Federal Court in Nik Elin Zurina binti Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan [Federal Court Petition No. BKA-2-05/2022(D)] [“Nik Elin”] held that the following provisions in Kelantan’s Syariah Criminal Code (1) Enactment 2019 are void: “… Sections 11, 14, 16, 17, 31, 34, 36, […] The post The Significance of Nik Elin’s Case for Constitutional Challenges of Syariah Criminal Provisions appeared first on Joshua Wu Kai-Ming ..read more

Article 4(1) of the Federal Constitution, which provides the following, empowers the courts to strike down provisions which are inconsistent with the Federal Constitution:[1] “This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void” […] The post Unconstitutional Provisions Struck Down in 2022 & 2023 appeared first on Joshua Wu Kai-Ming ..read more

1. Is recognised in Malaysian jurisprudence In Kam Thai Eng Linda & Anor v Tan Sri Dato’ Kam Woon Wah & Ors [2023] 1 MLJ 765 (“Kam Thai Eng Linda”), the Court of Appeal was of the view that: : “… the principle of judicial estoppel is recognised in our shores as enunciated by this […] The post 5 Things About Judicial Estoppel appeared first on Joshua Wu Kai-Ming ..read more

The doctrine of stare decisis, or judicial precedent, is a “fundamental rule of the common law”[1] which applies within Malaysian jurisprudence.[2] With regard to the application of the doctrine, it is not disputed that courts are bound by the decisions of superior courts.[3] A question arises whether, as a general rule, the Federal Court (which […] The post Is The Federal Court Bound By Its Previous Decisions? appeared first on Joshua Wu Kai-Ming ..read more

Datuk Seri Saifuddin Nasution bin Ismail, the Minister of Home Affairs (“Minister”), was recently quoted as having said that: “The granting of Malaysian citizenship to non-citizen individuals is the exclusive right of the government, which is not offered and given arbitrarily.”[1] Earlier this year, the Minister repeated a similar line in Parliament when he said: […] The post Citizenship: An Exclusive Right of the Federal Government? appeared first on Joshua Wu Kai-Ming ..read more