SEPARATION, OR BALANCE, OF POWERS?
If men we angels, no government would be necessary. – James Madison, 4th US President The executive, legislative and judicial branches of government should not intrude, intervene or interfere in each other’s domain if indeed the “separation of powers” doctrine is what the Westminster model of parliamentary democracy meant it to be enjoying freedom from […]
SELECTIONS, ELECTIONS, DEFECTIONS AND CORRECTIONS
Elections belong to the people; it’s their decision. – Abraham Lincoln, 16th US President An interesting question was raised concerning the principal issue of the applicability and application of federal law in the matter of “State elections”, and whether States in the Federation of Malaysia are bound by Article 113 Federal Constitution (FC) (Conduct of […]
Subtle strains of statehood
A State is not a fact in the sense that a chair is a fact … it is a legal status attaching to a state of affairs by virtue of certain rules. – Professor James R Crawford, Whewell (Cambridge) Professor of International Law In 1880 William E Hall, an English lawyer, published International Law, laying […]
The Oath of Secrecy
Truth is literally that which is without secrecy, what discloses itself without a veil. – D Laing, Scottish psychiatrist The difference between privacy and secrecy is this: one is used to protect, the other is used to hide. Governments are usually embarrassingly mired between these two biases often accompanied by not-so-secret scandals that rock the […]
Shakespeare-in-law
It is this window into the soul of man that draws people to Shakespeare. – Michael Jay Willson, American legal scholar Practising lawyers appreciate how well a judicial smile may be evoked with a Shakespearean quote during litigation. My favourite line to judge and jury, in the US: “To do a great right, do a […]
Crocodile tears
I will neither yield to the song of the siren nor the voice of the hyena, the tears of the crocodile nor the howling of the wolf. – George Chapman, English dramatist When a crocodile eats its prey, its tear ducts become super active for the purpose of lubricating its eyes for better vision. It […]
Power of persuasion
Character may also be called the most effective means of persuasion. – Aristotle, Greek philosopher Advertising plays a major role in the art of persuasion by the use of sensationally written and spoken words. The power to persuade an Eskimo to purchase a refrigerator is well documented as the zenith of salesmanship, an established gold […]
Malaysian royal imprimatur
Around thrones the thunder rolls. – CJ Sansom, British writer I strongly believe that our Federal Constitution (FC), the supreme law of Malaysia, is irreverently misinterpreted, misunderstood, misdirected and misapplied in matters relating to litigation, whether civil or criminal, with the intercession of none other than the Yang di-Pertuan Agong whose constitutional role becomes unwittingly […]
Potemkin democracies
Democracies today die in a much more subtle fashion than they used to. – Steven Levitsky, Harvard political scientist In his book ‘How Democracies Die’, Steven Levitsky chronicles how the powerful seize power, sometimes through elections, thereafter dissolve the constitution, imprison dissidents, and muzzle the press. He also astutely observes that elected leaders transform the […]
Constitutional psychiatry
The executive branch has grown too strong, the judicial branch too arrogant, and the legislative branch too stupid. – Lyn Nofziger, American journalist and political consultant Psychiatry is the study and treatment of mental illness, emotional disturbance, and abnormal behaviour. Almost all written constitutions, admittedly, exhibit abnormal behaviour. As a sitting Indigenous Affairs Judge […]
