Latest news with #AGC
Malay Mail
a day ago
- General
- Malay Mail
AGC: Anwar's constitutional bid to Federal Court is structural, not meant to provide personal immunity
KUALA LUMPUR, May 31 — The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting prime minister to effectively perform executive functions. The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. 'Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,' the AGC said in a statement released today in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasised that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution. — Bernama
The Sun
a day ago
- Politics
- The Sun
PM Anwar's constitutional questions to Federal Court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. 'Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,' the AGC said in a statement released today in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasized that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
The Star
a day ago
- Politics
- The Star
Anwar's questions to Federal Court not aimed at seeking absolute immunity for anyone, says AGC
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC said that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. "Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability," the AGC said in a statement released Saturday (May 31) in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasised that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution. - Bernama
The Sun
a day ago
- Politics
- The Sun
PM's questions to Federal Court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney General's Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions. The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister's ability to govern. 'Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,' the AGC said in a statement released today in Kuala Lumpur. The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the AGC emphasized that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
Free Malaysia Today
a day ago
- General
- Free Malaysia Today
PM's reference application not about personal immunity, says AGC
The AGC said such legal references allow the courts, especially the Federal Court, to provide definitive rulings on complex legal matters. PETALING JAYA : The Attorney-General's Chambers (AGC) has clarified that Prime Minister Anwar Ibrahim's move to refer eight questions of law to the Federal Court for determination is not aimed at granting him personal immunity. In a statement today, the AGC described the referral as a matter of 'constitutional governance', not personal privilege. 'Based on the AGC's preliminary observation, the questions referred are not intended to create absolute immunity for any individual,' it said. 'Instead, they raise novel constitutional issues that have yet to be adjudicated, specifically those relating to the intersection of civil litigation and a sitting prime minister's ability to effectively carry out executive functions.' The statement comes amid growing public interest after it was reported that Anwar wanted the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago. Other questions include whether civil suits involving conduct prior to assuming office can continue if they impair a prime minister's ability to govern, and if the Constitution implies a judicial threshold in such situations. The court has fixed June 3 for all parties to make oral applications on the application. The AGC also said such references allow the courts, especially the Federal Court, to provide definitive rulings on such complex legal matters. 'The AGC respects the integrity of this constitutional mechanism and will assess any intervention requests based on legal merit and public interest, not politically charged sentiments,' it said in the same statement.
