16 September 2021.
Webinar: Constitutional Safeguards for Sabah and Sarawak's Autonomy
A collaboration of the Bar Council of Malaysia, and the Faculty of Law, Universiti Malaya
This webinar was held to commemorate Malaysia day, 2021
Click here for more Information and to download slides Slides
Thank you for attending the Webinar. Please find below, links to the slides presented:
Special position of Sabah and Sarawak in the Federation. 16 Sept 2021
Reformasi Parlimen - Perspektif Sabah. 16 Sept 2021
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30 March 2020.
APPOINTMENT OF A PRIME MINISTER
By Datuk Emeritus Professor Dr Hj Shad Saleem Faruqi
Tun Hussein Onn Chair, Institute of Strategic and International Studies (ISIS, Malaysia)
This essay examines the nature and extent of and the limits on the monumental power of the Yang di-Pertuan Agong to appoint a Prime Minister in a host of situations: after a General Election; if the PM resigns, is incapacitated or dies in office; if he loses the confidence of the members of the House; or when he is disowned by his party or coalition. The constitutional issues surrounding the controversial elevation of Tan Sri Muhyiddin Yassin to the post of the 8th Prime Minister of Malaysia are also examined.
Full Text: Appointment of a Prime Minister
10 December 2019.
Speech at the Human Rights Day
Organised by SUHAKAM, Government of Malaysia and the United Nations at the Sheraton Hotel, Kuala Lumpur
INTRODUCTION
We are all assembled here to reaffirm the idea that human rights are inherent and not dependent on the charity or generosity of the state. Human rights are our birth right because they come to us from a transcendental source that is prior to and independent of the law of the state.
This superior source is, depending on one’s system of beliefs, God, Nature, human reason, intuition or self-evidence.
As we celebrate the advances in the quest for human freedom - and these advances are indeed many – we must also take cognisance of the challenges, opportunities and regrettable regressions in the various aspects of contemporary human rights reality.
Full text: Human Rights – Challenges And Opportunities In The 21st Century
02 December 2019.
SOSMA – ITS CONSTITUTIONALITY
Professor Shad Faruqi clarifies the points at which SOSMA as a law aligns and diverges from the Articles of the Constitution of Malaysia.
Full text: Notes on SOSMA
12 Sept 2019.
Constitutional Blueprint for National Unity
Public Lecture at Faculty of Law, UM
Constitutions are born to mark stages in progression towards self-government, to establish the foundations of a newly independent state or to start afresh after a revolutionary or ideological upheaval.
Full text: Constitutional Blueprint for National Unity
20 August 2018
Essay for Book on Justice Dato’ Mohd Hishamudin Mohd Yunus
By Datuk Emeritus Professor Dr Hj Shad Saleem Faruqi
Holder of the Tunku Abdul Rahman Chair, Faculty of Law, Universiti Malaya
Justice Dato’ Mohd Hishamudin Mohd Yunus illuminated the judicial firmament for 23 years and retired from the Court of Appeal on Sept 9, 2017. He was an exemplar of judicial integrity, fearless independence and unwavering commitment to constitutional supremacy and human rights. He saw law as an embodiment of justice and not a mere heathen word for power. Whenever he could, he interpreted legal provisions in such a way as to promote fairness and equity.
Full Text: Justice Dato’ Mohd Hishamudin Mohd Yunus
15 August 2018
RAJA AZIZ ADDRUSE MEMORIAL LECTURE
Royale Chulan Kuala Lumpur
THIRTIETH ANNIVERSARY OF THE 1988 JUDICIAL CRISIS: LESSONS ABOUT THE IMPORTANCE OF JUDICIAL INDEPENDENCE AND IMPARTIALITY
Datuk Emeritus Professor Dr Hj Shad Saleem Faruqi
Tunku Abdul Rahman Foundation Professor of Law, Universiti Malaya.
We are all here to honour the memory of Raja Aziz Addruse who illuminated the Malaysian legal profession with a warm glow for many decades. His steadfast morality, reasoned voice, and courageous leadership steered the Bar through many turbulent times in the 70s and beyond.
His legacy lives on and is evidenced in the many principled positions that the Malaysian Bar continues to adopt on issues of rule of law, democracy and human rights. I wish to say this at the very outset that in the last nine years while institution after institution, including some elements in the judiciary, were successfully coopted by the political executive to do its bidding, the Malaysian Bar along with a few other NGOs, continued to provide dykes against the tide of authoritarianism. For that, Mr. President, the entire citizenry owes the Bar Councils of Malaya and of Sabah and Sarawak our deepest gratitude.
Full text: Judicial Independence and Impartiality
Last Update: 22/02/2024