Harmonious Construction or Judicial Disobedience of Stare Decisis? Suraini Kempe & Ors v Kerajaan Malaysia & Ors
نویسندگان
چکیده
In Suraini Kempe & Ors v Kerajaan Malaysia Ors, the High Court ruled, on a harmonious construction of relevant constitutional provisions citizenship and equality before law, word ‘father’ in Article 14(1)(b), read together with section 1(c) Part II Second Schedule Federal Constitution includes mother children born out Malaysia, therefore declared, among others, that to mothers who are Malaysian citizens, entitled by operation law if all procedures those followed father adhered to. A is one where two bearing upon same subject so interpreted as give meaning effect to, not render, provision otiose or nugatory. Curiously, learned judge avoided referring recent decision which ruled there was no necessity adopt any other requirement construe provisions. The decision, albeit majority, binding judge. This case comment argues disregarded disobeyed well-entrenched doctrine stare decisis.
منابع مشابه
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ژورنال
عنوان ژورنال: Asian Journal of Law and Policy
سال: 2022
ISSN: ['2785-8979']
DOI: https://doi.org/10.33093/ajlp.2022.2