If novel developments in law in Malaysia, sky will fall down

Listen to soft instrumental music for 15 to 20 mins before bed to calm the emotions and have a restful night . . .

This is not a landmark ruling.

There was no novel development of law for the court to declare a landmark ruling.

https://www.freemalaysiatoday.com/category/nation/2020/08/29/in-landmark-ruling-apex-court-dismisses-bid-to-quash-tax-assessment/

If there are novel developments in law in Malaysia, the sky will fall down.

We don’t have brilliant lawyers, jurists and constitutional experts. Our lawyers are weak in jurisprudence which they hate.

The court belabours in the delusion that the letter of the law makes up the sum total of the rule OF law.

If Musa Aman for example returns as Sabah Chief Minister, that would be a novel development in law.

The people are only interested in novel developments in law and/or dissenting judgments.

Chief Justice Richard Malanjum said in a farewell address that lawyers and the court often tell him, “see for yourself. Here, here, it’s written”.

The CJ pointed out that the greater emphasis in the rule of law is on the spirit of the law.

If Malanjum had to school lawyers and the court on the rule of law, what hope is there for us?

The letter of the law only is rule BY law, no law at all, it’s dictatorship.

Read further here . . .

https://wp.me/p7kKd-1XL

The head of state should not only remain above the fray but be seen to remain above the fray.

The jury is not out on the proper Forum.

There’s no provision for no confidence or confidence Motions.

Gov’t business must be conducted first.

Other Motions must meet three criteria: specific; of public concern and public interest; and urgent.

https://fernzthegreat.wordpress.com/2020/08/26/novel-development-in-law-if-musa-aman-returns-as-sabah-chief-minister/

If the lawyers can look for the law and point it out, the court will find the law and declare it.

https://fernzthegreat.wordpress.com/2020/08/21/sabah-case-moves-to-court-of-appeal/

FernzTheGreat has Summary of High Court case.

https://fernzthegreat.wordpress.com/2020/08/22/federal-court-may-cast-shadow-on-snap-sabah-polls/

There was probably no dissolution of the state assembly, Governor cannot act on his own.

https://fernzthegreat.wordpress.com/2020/08/06/its-almost-impossible-to-win-judicial-reviews-in-malaysia/

I can only think of The Edge, from recent memory, which won a judicial review Application before GE14.

https://fernzthegreat.wordpress.com/2020/08/09/breaking-news-human-rights-advocate-queries-nrd-on-malay-mykads-in-sabah/

1st Prong Definition of Malay in Article 160(2) not blank cheque to issue Malay MyKads to any Tom, Dick and Harry, 1st Prong only related to 2nd Prong.

https://fernzthegreat.wordpress.com/2020/08/23/no-malay-race-in-the-world-dont-make-up-stories/

There’s case law which states Malay is not race.

Mahathir, for example, is Malay by Identity, Indian by race.

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

The onus on illegal immigrants in Malaysia to prove they qualify for Amnesty, if declared and offered.

https://fernzthegreat.wordpress.com/2020/08/24/sabah-included-in-map-of-philippines-i-will-be-running-for-the-presidency/

In law, Sabah and Sarawak are not in Malaysia, Federal gov’t has been in non-compliance on the Malaysia Agreement 1963 (MA63).

https://fernzthegreat.wordpress.com/2020/08/11/breaking-news-malaya-no-intention-to-comply-on-ma63-hides-under-osa/

‘Moment of Truth’ has come for Sabah, Sarawak on Malaysia Agreement 1963 (MA63), Malaya kicks can further down the road.

https://fernzthegreat.wordpress.com/2020/08/23/lky-thundered-just-before-spore-left-dont-think-you-melayu-can-squat-on-us-and-get-away-with-it/

The list is endless.

We should not be like the proverbial ostrich with its head buried in the sand or the three monkeys . . . see no evil, hear no evil, speak no evil . . . or the three blind men describing an elephant after feeling it.

https://fernzthegreat.wordpress.com/2020/07/29/defunct-sulu-sultanate-fairy-tale-on-sabah-claim-ends-in-high-court-of-borneo

Sovereignty resides in a people.

https://fernzthegreat.wordpress.com/2020/08/10/bury-sabah-claim-kick-beijing-out-of-sabah-sarawak-eez-in-south-china-sea/

Foreign Minister Anifah Aman should have appointed me Permanent Representative to UN.

https://fernzthegreat.wordpress.com/2020/08/20/300k-will-leave-sabah-sarawak-keluar-malaysia-sskm-if-doris-jones-attacks-jeffrey-kitingan/

Only I can attack Jeffrey Kitingan kaw kaw!

https://fernzthegreat.wordpress.com/2019/01/25/mahathir-should-read-quran-on-who-owns-the-holy-land/

Jerusalem has never been partitioned in the last 3, 000 years.

https://fernzthegreat.wordpress.com/2020/08/19/hindu-in-new-spin-claim-jesus-christ-never-existed/

Hindu behaving more and more like hate preacher Zakir Naik, fugitive from India protected by Malaya.

https://fernzthegreat.wordpress.com/2020/08/23/malaysia-ruled-by-corruption-not-constitution-religion-or-evil-caste-system/

English language experts should be allowed to practise law, help strengthen rule of law.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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