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Friday, April 1, 2011
Thursday, March 31, 2011
Case reference on Public Order
Tan Boon Liat v Menteri Hal Ehwal Dalam Negeri [1976] 2 MLJ 83
The expression Public Order is not defined anywhere but danger to human life and safety and the disturbance of public tranquility must necessarily fallwithin the purview of the expression....The test to be adopted in determining whether an act affects law and order or public order is this: Does it lead to disturbance of the current of life of the community so as to amount to disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed?
This case can be used when there is a factual issue about police not approving permits for gathering. The main focus of the argument would be - the individual and the community. In real life, there would have been one person who would have made a police report against the gathering.
The expression Public Order is not defined anywhere but danger to human life and safety and the disturbance of public tranquility must necessarily fallwithin the purview of the expression....The test to be adopted in determining whether an act affects law and order or public order is this: Does it lead to disturbance of the current of life of the community so as to amount to disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed?
This case can be used when there is a factual issue about police not approving permits for gathering. The main focus of the argument would be - the individual and the community. In real life, there would have been one person who would have made a police report against the gathering.
Wednesday, March 30, 2011
TIPS FOR MOOTERS
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It recently dawned on me that many of my students are still ignorant or "misconceived" over some areas of the law. After yesterdays class, judging from the questions that were asked - looks like most of my lectures just went over the students heads.There are only 2 options available for me right now, that is, to shoot myself on the head and end it all- or to rectify the situation somewhat. For those who are Mooter's, introduce yourself- Secara Ringkas- " Encik Moses - Council for the appellants and together with me,...other Counsel stands up and introduce themselves." (In actual Court Proceedings- leading Counsel will introduce everyone- this is the first step- and this will be recorded in the Courts file) After that, highlight to the Court the Brief facts of the case- not only must the facts be brief- Counsel must also be brief. and concise Lawyers must not start reading case law from beginning to end like a CNN TV newscaster.Do not bore the Court with your long lectures. 2nd Step- With the permission of this Court ,I will now proceed with my 1st Submission. ( Remember the main marks will be given for Mastery of facts and issues, and Advocacy- there is little point in getting 10/10 for Court Etiquette- this can easily be accomplished by addressing the Judge - My Lord, My Darling Yang Arif about 2 dozen times.) Tip: Don't argue until you have read the opponents Bundles. Looks what they have highlighted for the Court. have they left any important legal principle out which can be used to your advantage? |
FOOD FOR THOUGHT FOR THE COMING EXAMS ON AL-
The Federal Constitution may be the Supreme law of this country- but there is a setback here. In cases of emergency, the whole FC can be suspended by the Yang Di Pertuan Agung.
"The potency of emergency lawslie in that they are deemed valid even if inconsistent with the FC ( Art 150(6) read with (6A). In the upshot, the retention of a parallel legislative system under a continued state of emergency remains a dent in the development and enhancement of constitutionalism in the country."
Constitutional Landmarks in Malaysia.-page 113
Dear Peguambela & Peguamacara- this is not a "dent" as I see it. There are bound to be emergency provisions in any constitution in the world- especially if the country is in a state of war. If the exam question requires you to comment on the M.E crisis- - you need to write on the issue of referendum first, then comes the new system of Goverment- and how these powers can be curtailed to prevent it from abuses from the next Goverment. At this point you can start making comparisons with other fabulous dynamic ( South Africa & India- of course )Constitutions ( Cheerio ; Happy Studying!!
"The potency of emergency lawslie in that they are deemed valid even if inconsistent with the FC ( Art 150(6) read with (6A). In the upshot, the retention of a parallel legislative system under a continued state of emergency remains a dent in the development and enhancement of constitutionalism in the country."
Constitutional Landmarks in Malaysia.-page 113
Dear Peguambela & Peguamacara- this is not a "dent" as I see it. There are bound to be emergency provisions in any constitution in the world- especially if the country is in a state of war. If the exam question requires you to comment on the M.E crisis- - you need to write on the issue of referendum first, then comes the new system of Goverment- and how these powers can be curtailed to prevent it from abuses from the next Goverment. At this point you can start making comparisons with other fabulous dynamic ( South Africa & India- of course )Constitutions ( Cheerio ; Happy Studying!!
Saturday, March 26, 2011
Exam Guide-Loh Kooi Choon v Goverment of Malaysia [1977] 2 MLJ 187
Raja Azlan Shah- Whatever may be said of other constitutions , they are ultimately of little assistance to us because our Constitution now stands in its own right and it is in the end the wording of our Constitution itself that is to be interpreted and applied and this wording cannot be overidden by the extraneous principles of other Constitutions.
This case can be used to counteract the reliance on and influence of other Constitutions-eg India, England & South Africa. But be careful of the way you craft your answer, as the Prof. -I believe will be marking your paper.
This case can be used to counteract the reliance on and influence of other Constitutions-eg India, England & South Africa. But be careful of the way you craft your answer, as the Prof. -I believe will be marking your paper.
Administrative law- a guide to your exams
John of Salisbury- Goverment is limited by the Jus Naturale and that both the Prince and the Judge are limited by this standard. John stated "The Prince may not lawfully have any will of his own apart from that which the law or equity enjoins, or the calculation of the common interests requires."
The above statement of John were the seeds that were planted which eventually gave birth to the idea of a Constitutional Monarchy.
Bracton- Judge of Kings Bench -Henry III- - The King himself ought not to be subject to man, but subject to God and the law, for the law makes the King. Let then the King attribute to the law what the law attributes to him namely, dominion & power.
Sir Edward Coke- All authority was derived from law and was therefore, limited by laws..
Explanation- law can restricted by other laws.
The King has no prerogative but that which the law of the land allows.- issues relating to Conventions & Constitutional Monarchy)
( For example- a minor arrested in Malaysia under any security laws- laws relating to Minority will be suspended and the Security Regulations in force will takeover)
Dr. Bonhams case- Court of Common Pleas- Sir Edward Coke- " And it appears in our books, that in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void;for when an AOP is against common right and reason, or impossible to be performed , the common law will control it and adjudge such act to be void."
If there is an exam question which as some reference to "current issues" like the M.E crisis- the above can be quoted as part of you answer.But this is an aspect of Natural Law and is opposed to Legal Positivism.( will be explained in class this week)
The American Civil Wars was primarily a lawyers revolution.Natural law was their chief weapon in their argument against Supremacy of Parliament.
Abraham Lincoln used the principles of natural law to end slavery in America. Northern leaders argued that slavery was condoned in the Bible so it was okay to keep slaves. Abraham Lincoln felt that times have changed and this triggered off the proposition of civil rights and liberties to all on American soil and this included the slaves.
The above statement of John were the seeds that were planted which eventually gave birth to the idea of a Constitutional Monarchy.
Bracton- Judge of Kings Bench -Henry III- - The King himself ought not to be subject to man, but subject to God and the law, for the law makes the King. Let then the King attribute to the law what the law attributes to him namely, dominion & power.
Sir Edward Coke- All authority was derived from law and was therefore, limited by laws..
Explanation- law can restricted by other laws.
The King has no prerogative but that which the law of the land allows.- issues relating to Conventions & Constitutional Monarchy)
( For example- a minor arrested in Malaysia under any security laws- laws relating to Minority will be suspended and the Security Regulations in force will takeover)
Dr. Bonhams case- Court of Common Pleas- Sir Edward Coke- " And it appears in our books, that in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void;for when an AOP is against common right and reason, or impossible to be performed , the common law will control it and adjudge such act to be void."
If there is an exam question which as some reference to "current issues" like the M.E crisis- the above can be quoted as part of you answer.But this is an aspect of Natural Law and is opposed to Legal Positivism.( will be explained in class this week)
The American Civil Wars was primarily a lawyers revolution.Natural law was their chief weapon in their argument against Supremacy of Parliament.
Abraham Lincoln used the principles of natural law to end slavery in America. Northern leaders argued that slavery was condoned in the Bible so it was okay to keep slaves. Abraham Lincoln felt that times have changed and this triggered off the proposition of civil rights and liberties to all on American soil and this included the slaves.
A.O & D.L V MINISTER OF JUSTICE
IRISH REPORTS - 2003 -1 [PAGE1-207]
Constitution- Personal Rights-Citizens- Family Rights
Immigration- Non- nationals-Deportation
Constitution- Personal Rights-Citizens- Family Rights
Immigration- Non- nationals-Deportation
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