Shamsul Falaah

"A supermajority is not a blank cheque." Constitutional lawyer Shamsul Falaah argues the anti-defection rules pushed through in November 2024 is an unconstitutional constitutional amendment. We spoke to him about his new book, the limits of parliamentary power, and what the floor-crossing prohibition means for the Maldives' democratic identity. maldivesindependent.com/politics/a-sup…

Beyond overwater villas & floating breakfasts, a serious constitutional crisis has swept over Maldives. The Supreme Court is packed with presidential nominees & an anti-defection challenge gathers dust. Here's @SFalaah for @scobserver 's South Asia series scobserver.in/journal/maldiv…

Here’s my latest article. I explain how the Maldives’ supermajority is enabling ‘rule by law,’ undermining judicial independence, independent commissions, and media freedom. I also show how this leads to the executive capture of key constitutional organs. scobserver.in/journal/maldiv…

My latest article, published today.

Dr. Shamsul Falah’s book on amending the Constitution is both timely and insightful. A valuable read for anyone interested in constitutional reform and sound governance. Purchase the book through the following link. docs.google.com/forms/d/e/1FAI…

Available from tomorrow. You can purchase through this link. docs.google.com/forms/d/e/1FAI…

Changing the constitution of the Malidives is serious business. If not done properly and in good faith, it could mean the destruction of the fundamental principles of democracy upon which the Maldivian state is founded. This book provides how and it when to do it. Purchase this book through the following link. docs.google.com/forms/d/e/1FAI…

Completed the first draft of the Maldives chapter for the upcoming volume Asian Comparative Constitutional Law: Volume 4 – Constitutional Rights, to be published by Hart Publishing next year.

Here’s my latest blog article.

Const. sets separation of powers. No branch is above its defined limits. Majlis, like every organ of the state, must respect this. Its power to remove judges isn’t just procedural. It must also meet the Const.’s substantive requirements. If not, such action is invalid.

Police accused of tampering with evidence, protecting those with powerful ties. Public outraged. President formed a commission. Now, Home Minister says police did nothing wrong. That’s not how ministerial accountability works. The probe is ongoing. Let the commission work.

The Constitution is the bedrock of Maldivian democracy. It is supreme, not the Parliament. No one is above it.

In some presidential systems, the President controls political and administrative processes to the extent that exercising rights and maintaining the separation of powers become difficult if they cause presidential displeasure.

The Maldivian parliament is set to decide on the removal of two Supreme Court justices based on the JSC’s recommendation. The Constitution guarantees due process and judicial independence.  Any arbitrary procedure and action violate the Constitution.

#CallforPapers 📝The European Yearbook of Constitutional Law (EYCL) invites submissions for its eighth volume (2026), which will focus on the theme Social Rights and Constitutional Justice ⬇️⬇️

Context, Content, and the ‘Threshold of Severity’: ECtHR’s Jurisprudence on Satire vs Hate | by Sarthak Gupta ejiltalk.org/context-conten…

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Executive aggrandizement leads to the erosion of constitutional checks and balances. This is the opposite of what the Maldivian Constitution envisaged.

“is khule jhuuT ko zehn kī luuT ko maiñ nahīñ māntā maiñ nahīñ jāntā” - Dastoor, Habib Jalib