Monday, April 4, 2016

ARTICLE 145, FEDERAL CONSTITUTION: THE UNFETTERED DISCRETION UNDER THE RULE OF LAW

By : Nik Alia Hanafi, Associate/Knowledge Manager.
Editor : Datuk Hafarizam Harun, Managing Partner



“It is axiomatic, for a written constitution would be nothing more than a rope of sand without being supreme.”

Marbury v Madison (1803) 5 US 137
The Malaysian Bar or generally known as the Bar Council, has recently passed a motion to call for Tan Sri Mohamed Apandi Ali, the current Attorney General (“AG”) to resign permanently. The underlying justification echoed by the Malaysian Bar for its motion, revolves around the controversial news of 1MDB. The Bar viewed that it is in the position to protect the sanctity of the administration of justice, and thus had acted benevolently in the interest of the nation.

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