Is a constitutional amendment necessary to require the Attorney General to be a Member of Parliament?
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
1M ago
In a Facebook post on 21st December 2024, Datuk Mohd Zaid bin Ibrahim (a former Minister in the Prime Minister’s Department for Legal Affairs and Judicial Reform) [“DZI”] had inter alia proposed that the Attorney General should be a Member of Parliament.[1] DZI’s Facebook post is reproduced below: DZI’s proposed model for improving accountability and […] The post Is a constitutional amendment necessary to require the Attorney General to be a Member of Parliament? appeared first on Joshua Wu Kai-Ming ..read more
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6 Things About The Second Actor Theory
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
1M ago
1. Theory in administrative law, formulated by Professor Dr. Christopher Forsyth In ‘The Metaphysic of Nullity’ — Invalidity, Conceptual Reasoning and the Rule of Law’ (Christopher Forsyth and Ivan Hare (eds) (Clarendon Press, 1998) 159), Dr. Forsyth explained the theory: “… unlawful administrative acts are void in law. But they clearly exist in fact and […] The post 6 Things About The Second Actor Theory appeared first on Joshua Wu Kai-Ming ..read more
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Moderator’s slides for Session 4 of the Constitutional Law Conference 2024
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
2M ago
Session 4 of the Constitutional Law Conference 2024 was on the topic, “Does the Federal Constitution only have a vertical effect, having regard to Beatrice A/P AT Fernandez v Sistem Penerbangan Malaysia & Ors [2005] 3 MLJ 681?” (“Beatrice Fernandez“). In Beatrice Fernandez, the Federal Court held the following: “Constitutional law, as a branch of […] The post Moderator’s slides for Session 4 of the Constitutional Law Conference 2024 appeared first on Joshua Wu Kai-Ming ..read more
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5 Things About Mandamus
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
2M ago
1. A command issued by the court to an authority to perform a public duty placed upon it by law  This proposition was put forth by the Federal Court in Minister of Finance, Government of Sabah v Petrojasa Sdn Bhd [2008] 4 MLJ 641 (“Petrojasa”):  “… by definition an order of mandamus is a command […] The post 5 Things About Mandamus appeared first on Joshua Wu Kai-Ming ..read more
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5 Things About Natural Justice
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
4M ago
1. Consists of two aspects In Datuk Seri Anwar Ibrahim v Government of Malaysia & Anor [2022] 1 MLJ 1, the Federal Court made the following observations about ‘natural justice’: “… As is now well-established, there are two aspects to the breach of natural justice principle. The first is the rule against bias and the […] The post 5 Things About Natural Justice appeared first on Joshua Wu Kai-Ming ..read more
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Consti101 Talk for ALSA BAC
Joshua Wu Kai-Ming
by admin
6M ago
On 15.8.2024, the Asian Law Students Association (“ALSA“) of Brickfields Asia College (“BAC“) organised a visit to the Bar Council. I delivered a Consti101 talk to law students from ALSA BAC, in my capacity as a co-deputy chairperson of the Bar Council Constitutional Law Committee. The slides for the Consti101 talk, in PDF format, can […] The post Consti101 Talk for ALSA BAC appeared first on Joshua Wu Kai-Ming ..read more
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Justiciability of Parliamentary No-Vacancy Decisions pursuant to Article 49A of the Federal Constitution
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
7M ago
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
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Inaccurate Proposition & Supporting Case Law in Ng Chin Chai
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
8M ago
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
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Can you quote and/or rely on the headnotes of a reported decision?
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
10M ago
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
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6 Things About Amicus Curiae
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
11M ago
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
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