Law & Paneir

We don't outright invent history, but often it is made by the questions we ask. Few figures have provoked more questions than Abraham Lincoln, both because of his broad importance and his fantastic complexity. And few figures have proved so malleable. At times, the bearded man in the stovepipe hat seems much like a hologram, a medium for our fears and fantasies. Recent claims that Lincoln was gay--based on a tortured misreading of conventional 19th century sleeping arrangements--resemble the long-standing efforts to draft the famously nonsectarian man for one Christian denomination or another. Over the years, he has been trotted out to support everything from communism and feminism to prohibitionism and vegetarianism. But if a figure can be made to stand for everything, does he really mean anything? Today, as we march toward the 2009 bicentennial of Lincoln's birth and a trove of Lincoln scholarship has become instantly available on the Internet, primary material has become new...

In “Tree Shaker,” Bill Keller writes about a presidential campaign based on hope, change and racial healing. He explores the tension between inspiring, idealistic leadership and the art of political compromise. This is not the United States election of 2008. It is the story of Nelson Mandela and the transformation of South Africa. “I have witnessed countless election campaigns in the United States,” writes Keller, who traveled with Mandela and covered his historic 1994 run for president. “Although the exercise of democracy always moves me, the political campaigns often feel phony. Candidates try to avoid controversial positions. Slick television ads take the place of real debate. Most voters don’t even bother to show up and cast their ballot. South Africa’s first free election, by comparison, was thrilling. ... I often felt that the entire frustrated history of black South Africa was exploding before my eyes.” With its striking layout, bright graphics and photographs on almost every p...

By SHAD SALEEM FARUQI, The Star THERE is a constitutional impasse in Perak. The descent into naked and unprincipled struggle for power was triggered by the defection of a Barisan Nasional Assemblyman to Pakatan Rakyat and an immediate four-stroke counter-punch by the BN.What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions – the Sultanate, the Election Commission, the Anti-Corruption Commission, the public prosecutor and the police. Despite this damage, the root cause – the despicable phenomenon of party hopping – remains unaddressed. Let’s examine some of these issues.Defections: The “right” to switch parties in midstream is based on Article 10(1)(c) of the Federal Constitution which guarantees freedom of association.However Article 10(2)(c) permits Parliament to restrict this freedom in the interest of security, public order and “morality”.In the 80s the governments of Kelantan and Sabah passed a...

Ladies and Gentlemen, the subject of my lecture this evening is ‘Recent developments in Malaysia’s constitutional law’. I chose this topic due to the influence of current events and issues that have made headlines in our local dailies. And I think it is also in tandem with the stated aim of the Review Lecture, namely, it ‘serves to promote the objectives of the Review in creating an awareness of current legal issues, as well as to promote legal thinking and discussion amongst law students.’ Ladies and Gentlemen, I have noted that the past speakers of the Review Lecture were luminaries in their chosen fields. Thus in accepting the invitation to deliver this lecture it was not without trepidation on my part. Anyway before proceeding further may I register a caveat. May I emphasize that in what follows, I may express my own personal views on the several issues raised. However, I am open to persuasion and may change my aforesaid views. Ladies and Gentlemen, I propose to go back as far as ...

By Malik Imtiaz Sarwar Now that the dust is settling, it is becoming clearer what it is that took place in Perak over the last 24 hours. My respectful view is that His Highness may have acted erroneously in directing the resignation of the menteri besar. As always, it will be useful to consider the objective facts. They are as follows: His Highness, the Sultan of Perak, granted audiences and in doing so was made to understand that the majority of the members of the Legislative Assembly no longer support the incumbent menteri besar. Of these, three memberships are disputed in view of letters of resignation having been tendered to the speaker. The speaker has taken the position that the letters are valid and as such the three members are no longer members. Further, legal proceedings are being contemplated excluding the three disputed memberships, both the Pakatan Rakyat and the Barisan Nasional each hold influence over 28 members 28 members have indicated in private to His Highness that ...

Past few days events make me think what is happening to Malaysian politics. The hopping and U-turns with pressure and money the diginity of Malaysians had been ripped off. The last fortress where people believe to safeguards them from the attacks of pirates or colonists finally destroyed drastically. I feel helpless and I in doom stage with fellow Malaysians. What can I do with the all the evil powers who determine to take me dearly? The moon finally teared apart on earth. This is a D-Day for Malaysian politics. The rule of law, parliamentary supremacy and our beloved constitution at last died on the evil bloody hands. God Save Malaysia!!!!!