Freedom of religion is enshrined in the Malaysian Constitution. First, Article 11 provides that every person has the right to profess and to practice his or her religion and to propagate it. Second, the Constitution also provides that Islam is the religion of the country but other religions may be practised in peace and harmony.
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial. It provides for the establishment and the organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers; and the judicial branch headed by the Federal Court.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary with coworkers or attempting to organize a labor union.
The Sedition Act is a Singaporean statute law which prohibits seditious acts and speech; and the printing, publication, sale, distribution, reproduction and importation of seditious publications. The essential ingredient of any offence under the Act is the finding of a "seditious tendency", and the intention of the offender is irrelevant. The Act also lists several examples of what is not a seditious tendency, and provides defences for accused persons in a limited number of situations.
The protection of basic human rights is enshrined in Constitution of Malaysia. These include liberty of the person and prohibition of slavery and forced labour. At the national level, legislative measures that exist to prevent human rights violations and abuses can be found in acts and laws on issues that either have a human rights component or relate to certain groups of society whose rights may be at risk of being violated. Human rights groups are generally critical of the Malaysian government and the Royal Malaysian Police. Preventive detention laws such as the Internal Security Act and the Emergency Ordinance 1969 allow for detention without trial or charge and as such are a source of concern for human rights organizations like Suara Rakyat Malaysia.
The Sedition Act 1948 in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra.
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association. Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.
The Printing Presses and Publications Act 1984 is a Malaysian statute governing the usage of printing presses and the printing, importation, production, reproduction, publishing and distribution of publications in Malaysia. It replaced the Printing Presses Act 1948 and the Control of Imported Publications Act 1958. A controversial amendment was made after Operation Lalang, where all printing presses were required to renew their licence annually through the Ministry of Home Affairs, seen as a move to curtail press freedom.The Act was subsequently amended in 2012 to remove the requirement for annual licence application and the government's 'absolute discretion' over permits, and reinstated judicial overview.
Loh Kooi Choon v Government of Malaysia (1977) 2 MLJ 187 is a case decided in the Federal Court of Malaysia concerning the rights and freedoms guaranteed by the Constitution, and also involving the extent to which Parliament can amend the Constitution. The decision was delivered by Federal Justice Raja Azlan Shah.
Assa Singh v. Menteri Besar of Johore (1969) 2 MLJ 30 was a case heard in the Federal Court of Malaysia concerning the applicability of the Restricted Residence Enactment 1933 (RRE) after Malaysian independence in 1957. The Federal Court held that although the application of the RRE had resulted in the violation of Singh's rights under Articles 5 and 9 of the Constitution, these violations were Constitutional because Article 162 permitted the grandfathering of pre-independence laws.
Public Prosecutor v Khong Teng Khen & Anor (1976) 2 MLJ 166 is a case concerning constitutional law in Malaysia. In Khong Teng Khen, it was held by the Federal Court that the Essential Regulations 1975 (ESCAR) was in line with and valid under the Constitution of Malaysia. The case was heard by Lord President of the Federal Court Mohamed Suffian Mohamed Hashim and Federal Justice Wan Sulaiman, who were in the majority, with Federal Justice Ong Hock Sim who dissented.
Johnson Tan Han Seng v. Public Prosecutor [1977] 2 MLJ 66 is a Malaysian case concerning the lapsing of a Proclamation of Emergency by the Yang di-Pertuan Agong (King). The case was heard by the Federal Court, which unanimously held that the question of a Proclamation of Emergency's validity was political, not judicial, and as such the courts had no standing to decide the validity of a state of emergency.
Article 15 of the Constitution of the Republic of Singapore guarantees freedom of religion in Singapore. Specifically, Article 15(1) states: "Every person has the right to profess and practise his religion and to propagate it."
Article 14 of the Constitution of the Republic of Singapore, specifically Article 14(1), guarantees to Singapore citizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution.
Pennsylvania v. Nelson, 350 U.S. 497 (1956), was a United States Supreme Court case that established a precedent for the preemption of United States Federal law over State laws. The case was argued November 15–16, 1955 and the decision was handed down April 2, 1956. The State of Pennsylvania tried to convict a man of sedition under a state law, but a Federal law existed on the same subject. The Court ruled that the Federal law, the Smith Act, overruled the state law, the Pennsylvania Sedition Act, even though the state law was created before the federal law. Nelson, who was convicted under the state law, was therefore mistried.
The remedies available in a Singapore constitutional claim are the prerogative orders – quashing, prohibiting and mandatory orders, and the order for review of detention – and the declaration. As the Constitution of the Republic of Singapore is the supreme law of Singapore, the High Court can hold any law enacted by Parliament, subsidiary legislation issued by a minister, or rules derived from the common law, as well as acts and decisions of public authorities, that are inconsistent with the Constitution to be void. Mandatory orders have the effect of directing authorities to take certain actions, prohibiting orders forbid them from acting, and quashing orders invalidate their acts or decisions. An order for review of detention is sought to direct a party responsible for detaining a person to produce the detainee before the High Court so that the legality of the detention can be established.
Gun laws in Connecticut regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Connecticut. Gun laws in Connecticut are amongst the most restrictive in the country. Connecticut requires training, background check and permitting requirements for the purchase of firearms and ammunition; and a ban on certain semi-automatic firearms defined as "assault weapons" and magazines that can hold more than 10 rounds. Connecticut's licensing system for open and concealed carry is relatively permissive.
Constitutional litigation in South Africa is an area of the law in that country dealing with the rules and principles applicable to cases that involve constitutional matters. It examines the constitutional jurisdiction of the Constitutional Court, the High Court and the Supreme Court of Appeal, and considers the various rules peculiar to these courts that are relevant to constitutional litigation, such as the admission of an amicus curiae, the duty to raise a constitutional matter as early as possible in the proceedings, and the duty to join the relevant organ of state in a case involving a constitutional issue.
New Nation Movement NPC and Others v President of the Republic of South Africa and Others, [2020] ZACC 11, is a decision of the Constitutional Court of South Africa, handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a political party. The declaration was suspended for 24 months to allow Parliament to modify the electoral laws to comply. The majority judgment was written by Justice Madlanga and a concurring opinion was written by Justice Jafta; these opinions were supported by eight of the nine judges hearing the case. Justice Froneman filed a dissenting opinion.