Federal Constitution

A Malaysian Mongrel

According to the definition provision of the Malaysian Federal Constitution (FC), Article 160, a person who fulfils four conditions is considered a Malay: I have bracketed the categories and will use them as shorthand for those conditions. Other races are not defined. Only what constitutes a Malay. Since knowing about this provision, I have always wondered whether having a fossilized definition of a Malay over the long term is healthy. It is obvious from the …

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A short guide to applying for leave to appeal

This is an approach to preparing an application for leave to appeal. An appeal is a request to a higher court to rehear and review the court below’s decision (‘the original decision’). An appeal can happen from the subordinate courts, comprised of the magistrates and sessions courts, to the High Court (Scenario 1) and subsequently from the High Court to the Court of Appeal (Scenario 2). It can also happen from the High Court to …

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