Wednesday, June 12, 2013

Challenging the Will of the Majority: Everything you need to know about Election Petitions

Sinar Harian 12 June:
DAP, PAS boycotting Anwar's boycott plans?

The Art Harun note to YB Rafizi. It's not a mere note, I must say, it's an education. And since it's not so often that you get a learned lawyer like Art Harun to provide counsel, pro bono, do take time to read his arguments in Election Petition: A note to YB Rafizi. Art's views usually inflict pain in both sides of the political butt, so I try to choose excerpts from his posting that I find to be most neutral. In the following paras, Art tells Rafizi:
"Our election laws are NOT skewed to tolerate discrepancies. Our laws are based on the English laws as well as other respected jurisdiction within the Commonwealth. 
"In fact I dare say that our election laws are even better than the English laws. That is because here, we have an automatic right to appeal against any decision of the Election Court to the Federal Court (where at least 3 Judges will sit). In England, the decision of the Election Court is not appealable. A judicial review may however be asked for. But that is not automatic as judicial review may only be invoked if the High Court grants leave to do so. 
"When our laws place a high burden on us and do not always work in our favour or do not support our cases, it does not speak well for us to say that our laws are skewed."
Read the entire posting and leave comments h e r e.