feed
Home arrow News arrow Press Statements arrow Press Release: Respect constitutional right to seek redress in our courts
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
Press Release: Respect constitutional right to seek redress in our courts PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Sunday, 08 February 2009 09:35pm
ImageThe present situation in Perak raises many legal and constitutional issues.

It is the view of some Constitutional lawyers that the prerogative of the Ruler is “non-justiciable” and cannot be reviewed by the Courts.  Thus although we, and others, are of the view that dissolution of the Legislative Assembly would have been the best solution, it is difficult to challenge the prerogative of the Ruler, who exercised that prerogative by ascertaining the views of the majority of the members of the Assembly and then deciding who in the “Ruler's judgment” (under the Perak Constitution) commands their confidence.  However, in the Datuk Joseph Pairin Kitingan case, such a discretion of the Governor (not a Ruler) was held to be justiciable.

We are certainly in unchartered territory.  Different interpretations are always possible.

In that regard it is the fundamental right of any person to take any matter to the courts for determination and resolution.

We regret to note from reports in the NST today that there are certain groups who are challenging inter alia Karpal Singh's intention to file a suit in respect of this matter. In a modern democratic nation like ours, such a challenge is wholly untenable.

Litigants and their lawyers must be free from harassment and any form of intimidation in the exercise of the right to seek redress in a court of law.  An advocate and solicitor must be allowed to advance his or her client's case without fear or favour.  It is then up to the courts to resolve the various issues, which they must do independently and without regard to political exigencies.  Decisions made with regard to political factors never stand the test of time.

Any intimidation of litigants and their lawyers in the exercise of their rights and duties respectively is an affront to the dignity of the courts and the administration of justice.

We strongly urge that all parties respect this fundamental right to seek redress in our courts. We must never regress to a position where we sacrifice this vital principle for political mileage or self-interest.
 
Dato’ Ambiga Sreenevasan
President
Malaysian Bar

8 February 2009
Comments (2)Add Comment
Who are our true leaders, and what are the voters' rights afterall !
written by Tan Peek Guat, Wednesday, February 11 2009 07:02 am

Whatever may be happening to our land or leaders, every voter in Malaysia should be particularly concerned at this juncture, to determine as to whether the people's ELECTED REPRESENTATIVES are morally right or wrong in deciding on their own - to sell off the people's trust upon them and reaping their own personal gains from such sales, causing "Democracy" to be meaningless.

Tan Peek Guat

WHERE IS THE WISDOM ...
written by Stephen Tan Ban Cheng, Friday, February 13 2009 01:01 pm

Royal prerogatives are non-justiciable. That is the general rule that cannot be denied by any constitutional law lawyer.

However, in the instant Perak case, does the Royal Prerogative extend to the Ruler meeting the elected representatives as a group and then individually?

Many non-legal factors are at work.

There is the unproven allegation of the Speaker of the Assembly that the elected representatives have resigned. When the Sultan met the three who have purportedly resigned, does that constitute recognition that their resignation is invalid?

There is the operative peer group pressure to keep the elected representatives in line, at least during the meeting with the Sultan. Imagine being one of the three elected representatives. How would you feel?

There is also the imbalance in the relationship between the Ruler and His subject at the meeting. Can they actually voice their views, whatever these are, before the Sultan? What happens if these views run contrary to those of the Ruler?

All things said, politically, there is wisdom in calling for either by-elections for the three seats provided they have proven to have resigned, or even a dissolution of the entire Assembly to erase all doubt. That way, the Ruler is not perceived to have sailed so close to the wind.

Stephen Tan Ban Cheng


Write comment
You must be logged in to a comment. Please register if you do not have an account yet.

busy
 
< Prev   Next >
[ Back ]
Seminar on the Fundamentals of Conveyancing (24 Feb 2012)
Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Your Login


We have 202 guests and 4 members online

Teoh Beng Hock's family gets leave to appeal

Kamal Hisham Ja'afar



show last 4hrs - 24hrs
There are no upcoming events currently scheduled.
View Full Calendar
January 2012 February 2012 March 2012
Su Mo Tu We Th Fr Sa
Week 5 1 2 3 4
Week 6 5 6 7 8 9 10 11
Week 7 12 13 14 15 16 17 18
Week 8 19 20 21 22 23 24 25
Week 9 26 27 28 29
Google