Latest news with #constitutionality
Free Malaysia Today
29-05-2025
- General
- Free Malaysia Today
PN urges AG to intervene in Anwar's reference application
PN's Takiyuddin Hassan said the attorney-general has a duty to scrutinise the legality and constitutionality of the prime minister's application and provide formal advice on the matter accordingly. PETALING JAYA : Perikatan Nasional has urged the attorney-general to intervene in an application by Prime Minister Anwar Ibrahim to refer eight questions of law to the Federal Court, including whether he has immunity from a civil suit scheduled for trial next month. Opposition chief whip Takiyuddin Hassan said the AG, as the government's legal adviser entrusted with upholding the Federal Constitution, must intervene in the matter. Takiyuddin, who is a lawyer, suggested that the AG join the proceedings as an intervenor or appear as amicus curiae (friend of the court). He said the AG has a duty to scrutinise the legality and constitutionality of the prime minister's application and provide formal advice on the matter accordingly. Takiyuddin also said the AG held the duty to prevent the establishment of a 'dangerous' judicial precedent that may undermine the principle of accountability for political leaders. ADVERTISEMENT VIDCRUNCH Next Stay Playback speed 1x Normal Quality Auto Back 360p 240p 144p Auto Back 0.25x 0.5x 1x Normal 1.5x 2x / Skip Ads by Lawyer Rafique Rashid Ali, who appeared for former research assistant Yusoff Rawther, said yesterday that Justice Roz Mawar Rozain has fixed June 3 for parties to make oral submissions for the application. The judge must first determine whether the legal questions posed cross the threshold for them to be referred to the Federal Court. Anwar wants 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 four years ago. The other questions posed include the High Court's obligation to hold a 'threshold inquiry' to determine whether the suit constitutes an abuse of process or a threat to public interest, and if so, whether it must be stayed or dismissed 'to preserve constitutional governance'. The suit relates to events which allegedly took place before Anwar took office on Nov 24, 2022. Yusoff, a grandson of the late Penang consumer advocate SM Mohamed Idris, filed the suit against Anwar in 2021, claiming that he was assaulted at the PKR president's home in Segambut in October 2018. He is seeking general, special, aggravated and exemplary damages, as well as interest, costs and other relief deemed fit by the court. Anwar has denied the claim and filed a countersuit.
BreakingNews.ie
28-05-2025
- General
- BreakingNews.ie
High Court challenges to 'super junior' ministers attending Cabinet set for July
Hearings into separate High Court actions brought by Kerry TD Pa Daly and People Before Profit-Solidarity's Paul Murphy challenging the constitutionality of "super junior" ministers will be heard consecutively in early July. A three-judge divisional court will hear the actions, starting on July 7th with Mr Daly's case, High Court president Mr Justice David Barniville said during a case management hearing on Wednesday. Advertisement Mr Murphy's case will commence immediately after the expected conclusion of Sinn Féin TD Mr Daly's case on July 9th, the president said. Super junior ministers are appointed by the Government on the nomination of the Taoiseach. They participate at government meetings but do not vote. Mr Daly's judicial review proceedings point to article 28 of Bunreacht na hÉireann, which limits the number of government members to 15th, including the Taoiseach. He claims that in facilitating more non-Government Ministers of State at Cabinet, the Government is 'acting contrary' to the 15-person limit and the 'expressed wish of the people of Ireland'. Advertisement Mr Murphy is seeking an injunction restraining super junior ministers from attending Cabinet meetings. His case also points to the 15-person limit outlined in article 28 of the Constitution. Both TDs are suing the Taoiseach, the Government, Ireland and the Attorney General. The State parties are fully defending the cases. On Wednesday, Attorney General Rossa Fanning reiterated his side's assertion that Mr Murphy's case raises no legal issue that won't be addressed in Mr Daly's case. He said Mr Murphy's side had not responded to their questions asking what legal question is raised by their case that is not raised in Mr Daly's case. Advertisement Mr Fanning acknowledged that he couldn't stop Mr Murphy's case from getting on, but asked the court to exercise its discretion, and to not fix the Dublin South-West TD's case for after Mr Daly's case. Ireland Super junior ministers gift €16,000 pay rise back... Read More John Rogers SC, appearing with Paul Gunning and Molly Higgins for Mr Murphy, said that their case would add 'a real dimension' to the court's appraisal and understanding of the Government's practice of including super junior ministers at Cabinet meetings. Mr Murphy, former TD and minister of State Shane Ross and historian Diarmuid Ferriter are expected to give evidence for Mr Murphy's side. Mr Justice Barniville, sitting with Ms Justice Siobhán Phelan and Mr Justice Conleth Bradley, said the court was persuaded that it was appropriate for Mr Murphy's case to be heard immediately after Mr Daly's. Mr Justice Barniville said that running the case consecutively would be the best use of resources, including court time.
