You are about to investigate a fellow professional for misconduct. Is there a tried and tested way to conduct a fair - and effective - disciplinary inquiry? Read on.
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Blog , English , For Lawyers
An unattainable chasm? A layman’s evidential difficulties in disciplinary proceedings
“…[O]bserve with your own eyes and not with those of others, hearken with your own ears and not with the ears of others” —‘Abdu’l-Bahá
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“The friends of God must be adorned with the ornament of justice, equality, kindness, and love. As they [the men] do not allow themselves to be the object of cruelty and transgression, in like manner they should not allow such tyranny to visit the handmaidens of God..” (Bahaullah)
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Is public consumption of alcohol a fashion or an unacceptable menace? Should we outlaw it? What do you think?
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Are disciplinary proceedings against doctors far too complex? Are complainants at a disadvantage? Can these proceedings be simplified?
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How should we choose our civil servants? Who chooses them? What are the criteria to be employed? How should they be fired? Should not civil society and Parliament have a role to play? Should not the public be consulted?
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Blog , English , For Lawyers
The MACC quandary: Should stakeholders be consulted before public officials are appointed?
A great public uproar accompanied the sudden appointment of the MACC Chief. Behind the clamour lurks a Kraken of colossal importance: Should all national stakeholders have a say in the appointment of senior public servants? This is an educational moment. What will we do with it?
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A Ruler's power to appoint a Chief Minister is all the rage. A blogger once wrote that the monarch could appoint his gardener as prime minister. Was he right? This minor question begets larger ones. For a start, (1) Is there a legal principle higher than the Constitution? (2) How should the Constitution be interpreted?
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Blog , English , For Lawyers
Are private hospitals immune from the negligence of their specialists? [Part-3]
Private hospitals have long been escaping blame for their specialists’ negligence. When a specialist falls into a terrible error, should not the courts – as a matter of policy – hold private hospitals liable? If so, what should be the principle behind the policy?
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Blog , English , For Lawyers
Are private hospitals immune from the negligence of their specialists? [Part-2]
In Part-1, we examined the difficulties of using vicarious liability as a tool when dealing with private hospitals. In Part-2, we examine how the law in this area has developed, and where it should go.
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