Upholding The Federal Constitution: The Judicial Thoughts Of Dato’ Seri Hishamudin Yunus

This book is dedicated to those who believe in, and fight for, the independence of the judiciary.

The commentaries contained in this book discuss the key decision of Dato’ Seri Hishamudin Yunus, a retired Malaysian Court of Appeal Judge, who firmly subscribes to the principles of judicial independence. His commitment to judicial independence stems from his appreciation for an effective check and balance mechanism to ensure that the Executive and the Legislature act within their constitutional limits.

Justice Hishamudin regards law as an embodiment of justice and his decision gave life to many provisions in relation to fundamental rights in the Federal Constitution of Malaysia. As an impartial judge, he ruled without fear or favor, always being true to his judicial oath to uphold the law and the Federal Constitution – for this, he had to pay a price, where he was not elevated to the highest court of Malaysia, the Federal Court, by then government in 2015 despite being the most senior Court of Appeal Judge.

This book discusses the landmark decision of Justice Hishamuddin, who has written more than 700 judgments during his 23 years on the beach.

The views and opinions expressed in this book are the contributors’ own and the facts are as reported by them. The publisher is not in any way liable for the same. The contents of this publication are intended for purposes of general information and academic discussion only. It should not be construed as legal advice or legal opinion on any fact or circumstance.

Table of Contents:

1. Good Governance
2. The Role of Agong As The Supreme Commander Of the Armed Forces.
3. Taming The Powers Of The Attorney General.
4. Tax Judgements Of Datuk Seri Hishamudin Yunus: The NV Alliance & Bandar Nusajaya Development Cases.
5. Constitutional Rights To Property
6. Free Speech
7. Going Against The (Religious) Grain
8. A Judge for Personal Liberty.
9. Native Rights
10. Rights o Education
11. Right to Equality
12 Judicial Power
13. Nature Justice
14. The Doctrine of Legitimate Expectation
15. Upholding The Rule of Law: Looking beyond Stare Decisis.