Do you have a constitutional right to travel?

We have all heard that there is a right to freedom of speech, the right to peaceful assembly, and the right to form associations: Article 10, Federal Constitution. Do you have a right to travel?  Is it guaranteed in the Constitution? Article 9 of the Constitution states that ‘… every citizen has a right to move freely throughout ...

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The difference between a power and a right

A right is inherent. It does not have to be written down anywhere. For example, the right to life, the right to religious freedom, the right to speak freely, or the right to associate with anyone one chooses. Some writers refer to rights enshrined in the Constitution. These inalienable rights above are different, and far ...

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What are we doing about the Malaysian Bar’s Hall of Fame?

Many judges and lawyers gave their all to the Bar. If we forget them, we forget who we are. We are all but a package of our memories. You take away the memories, and you take away your personality.

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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 ...

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Can a court grant a gag order?

When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’  The order sought to stop public discussions over the charges pending against Najib. The ...

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Can mass civil disobedience unseat a tyrannical government?

Whether mass civil disobedience can unravel a tyrannical government  is a difficult question to answer.  History reveals movements that have succeeded gloriously, or have failed miserably. A tyrannical government would be unfazed by any kind of disobedience. That is one aspect Much also depends on the location of the movement: what works in New York, London or ...

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