constitutionalism

Courts fail voters in EC redelineation challenges, says Sri Ram

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Source: FMT News

Retired Federal Court judge and lawyer Gopal Sri Ram in an October 30, 2014 picture by Najjua Zulkefli

PETALING JAYA: The year saw superior courts – the Court of Appeal and the Federal Court – delivering numerous judgments that touched on the basic constitutional rights of citizens.

The most significant were legal challenges mounted by voters and the PKR-led state government in Selangor against the Election Commission (EC) for its alleged failure to follow procedures and demarcate election boundaries as required under the Federal Constitution. Read more →

Ex-judge says court failed to use its additional powers in EC case

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Source: FMT News

Paragraph 1 of the Courts of Judicature Act 1964 gives judges the additional power to remedy a wrong, especially on fundamental rights enshrined in the Federal Constitution, says Sri Ram. Pic taken from FMT News.

PETALING JAYA: The courts have additional powers to check on illegality and correct any injustice with regard to complaints against the Election Commission (EC) in carrying out the redelineation exercise, a retired judge said.

Gopal Sri Ram said judges could then issue the appropriate order to compel the EC to act in accordance with the law.

“The law is that if the EC acts contrary to the Federal Constitution in the exercise of its powers, then the court can examine the legality of the conduct.

“If there is either illegality in the way in which the power is exercised or any injustice has resulted because of the exercise of its powers, the court can issue the appropriate order to compel the EC to act in accordance with the law,” he told FMT. Read more →

Constitutionalism and rule of law — Shad Saleem Faruqi

Coordinator

Source: The Star Online

BY SHAD SALEEM FARUQI

Shad Saleem Faruqi - file pic

Shad Saleem Faruqi – file pic

Rights without remedies are like lights that do not shine and fires that do not glow

THIS year will be the sixtieth anniversary of our Federal Constitution. It is appropriate, therefore, to ask whether our Constitution has become the chart and compass and sail and anchor of our endeavours, or whether its supremacy is a legal myth.

At the very outset it needs to be noted that constitutionalism is not like a lamp you can switch on. Constitutionalism takes decades to develop roots. Much depends on the nature of the society the Constitution seeks to regulate and transform, the extent of the changes sought to be wrought and the existentialist realities on the ground.
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