by GK Ganesan March 3, 2020
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

Can the Speaker of Parliament override the Prime Minister?

The FMT reports that the Muhyiddin Government has asked Parliament to be convened on June 4, 2020, which is a delay of almost 6 months from Dec 2019. Now, a Malaysiakini report says that it will be postponed to 04 May. That the UMNO Sec. General has asked for it has not escaped the nation’s attention. Is that legal? What do you think?

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by GK Ganesan October 2, 2019
Blog , Constitutional Law , English , For Lawyers , Government , Politics

Can the courts stop a prime minister from suspending Parliament? [Part-2 of 2: What the Supreme Court said, and Why]

We saw in Part-1 of 2, the problems that beset the UK when it chose to leave the EU. Prime Minister Boris Johnson suspended Parliament because he wanted a Brexit ‘with no deal’. The Supreme Court ruled that the prorogation had been unlawful. Why did it say so? And what is so important about the decision? Read on …

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by GK Ganesan October 2, 2019
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

Can the courts stop a prime minister from suspending Parliament? [Part-1: Johnson prorogues Parliament]

They can – as did the UK Supreme Court on 24 Sept 2019. The Court ruled that the PM Johnson’s advice to the Queen to suspend (‘prorogue’) Parliament had been unlawful. The Court declared that Parliament could resume its work. This case is historic. The effect of this case will be felt for centuries. Why? Read on ...

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by GK Ganesan July 10, 2018
Blog , English , For Lawyers

Can Senators be fired?

Can Senators be fired? The answer is Yes, and, No. The ‘No’ comes from those who say that the security of tenure of a Senator is unimpeachable. They point to Article 45 (3) of the Federal Constitution, which states that: - ‘… the term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.’ A Senator may be appointed twice, making ...

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