Latest news with #FederalConstitution
New Straits Times
9 hours ago
- Politics
- New Straits Times
Anwar's constitutional question 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 (A-GC), 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 A-GC 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 Constitution support procedural protection to safeguard the separation of powers and institutional stability," the A-GC said in a statement released today. The A-GC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AG-C added that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The A-GC 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 A-GC stressed that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the 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 Sun
10 hours 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
10 hours 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
10 hours 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.
The Star
a day ago
- Politics
- The Star
PM not seeking immunity, says Anwar's political secretary
PETALING JAYA: Prime Minister Datuk Seri Anwar Ibrahim is not seeking absolute immunity for his office, says his senior political secretary Datuk Seri Shamsul Iskandar Mohd Akin. According to Shamsul, the crux of the issue was whether a civil suit can disrupt the Prime Minister's ability to carry out his duties as the executive branch of the nation. 'This is a valid and lawful consideration to be referred to the Federal Court, the highest judicial authority in the nation, with the jurisdiction to interpret the Constitution fairly and objectively. 'It is very irresponsible to equate this legal application with authoritarianism,' said Shamsul in a statement on Friday (May 30). Shamsul was referring to a statement by Lawyers for Liberty Director Zaid Malek, who called on the Attorney General Datuk Mohd Dusuki Mokhtar to intervene on the issue. This came after Anwar's court filing last week, which reportedly sought to refer eight constitutional questions to the Federal Court, including whether he gets immunity from civil proceedings initiated by his former research assistant Yusoff Rawther. Shamsul said that in countries practising democracy, the issue of qualified immunity was always discussed to balance the need to administer the country and an individual's rights. 'The Prime Minister isn't above the law, but he should not be a target of politically-motivated legal proceedings, which could affect the stability of the country's administration,' added Shamsul. Shamsul urged the public to respect the rule of law and not abuse legal channels to craft their own political narrative. 'The nation has endured far too many episodes where the laws were manipulated for political interest. 'All disputes should be resolved via legal channels, not by manipulating the sentiments of the people,' he said. Yusoff had filed a civil suit against Anwar in 2021, accusing the prime minister of sexually assaulting him at his office in October 2018. Anwar is seeking a ruling from the courts on whether the Federal Constitution's Articles 39, 40, and 43 provide him with qualified immunity against the legal action brought by Yusoff.
