—Dian A H Shah, National University of Singapore Faculty of Law The old Malay proverb “terlepas dari mulut buaya, masuk ke mulut harimau” (literally translated as “out of the crocodile’s mouth, into the tiger’s mouth”) seems to be an apt description for Malaysia in the new year. The government, having just re-implemented stricter restrictions in
Acting (or Not Acting) on (Lawful or Unlawful) Advice in Malaysia: From Windsor to Kuantan and Back Again
—Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore As has been previously noted in this blog, Malaysia has been undergoing an unprecedented period of political instability that has tested the interpretation and implementation of many constitutional provisions, especially those relating to the appointment and dismissal of governments.[1] In this
Losing the Battle to Win the War: Judicial Self-Empowerment Through Maxi-Minimalism
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On September 26, 2020, President Donald Trump announced Judge Amy Coney Barrett as his nominee to the United States Supreme Court to fill the seat occupied by
Beyond Sisyphus and Hercules: Crafting Constitutionalism in Fragile Democracies in Asia
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It is an epic tale of one of the world’s largest financial frauds.[2] Between 2009 and 2015, billions of dollars were siphoned from government-run sovereign wealth fund
Constitutionalism in the Time of Corona
—Yvonne Tew, Georgetown University Law Center* [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It’s been said that when democracy dies, it is rarely pronounced dead on the scene.[1] Often, though, we can point to a definitive time when democracy gasps
Malaysia’s 2020 Government Crisis: Revealing the New Emperor’s Clothes
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] In 2018, Malaysia was hailed as a story of democracy’s triumph. In a historic national election, voters ousted the Barisan Nasional ruling coalition, ending its six decades
How are Constitutional Theocracies Born?
—Yvonne Tew, Georgetown University Law Center [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here. For a fuller discussion of the ideas in this post, see Yvonne Tew, Stealth Theocracy, 58 Va. J. Int’l L. 31 (2018). Available at SSRN: https://ssrn.com/abstract=3287923.] Religion appears
Malaysian Federal-State Relations Post GE14
[Editor’s Note: This is the third entry in our symposium on “Constitutional Implications of the Malaysian Tsunami.” The introduction to the symposium is available here.] —Jaclyn L. Neo, National University of Singapore[*] The Malaysian constitution does not have a preamble. The first article of the constitution simply states that “[t]he Federation shall be known, in Malay and
One Step Forward, Two Steps Back? Constructive res judicata in Malaysian Constitutional Cases
Special Series: Perspectives from Undergraduate Law Students LL.B. Student Contribution –Shukri Ahmad Shahizam, LL.B. Candidate, London School of Economics In a long-awaited judgement with large ramifications on cases throughout the country the apex court in Malaysia, the Federal Court, has thrown a spanner into the works of constitutional challenges against restrictions on fundamental freedoms. Mat
