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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Blog , English , For Lawyers
Are private hospitals immune from the medical negligence of their specialists? [Part-1]
First the courts said, ‘No'. Then they said, ‘Yes’. Afterwards they said, ‘It depends’. What does it all mean to you - and your loved ones?
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You rush an injured friend to the hospital. The A&E staff say, "Please wait, we're busy". Your friend succumbs to his injuries. If you sued the hospital, will you win?
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Recently, the courts granted permission for the Attorney General to bring contempt proceedings against two practising lawyers. When can a person be 'cited for contempt of court'? How does the law of contempt work?
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Blog , English , For Lawyers
Will a Royal Commission guarantee a squeaky-clean, independent judiciary?
Will the formation of a Royal Commission heal the Judiciary's deathly fever?
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There are at least three reasons why the Chinese celebrate the New Year: one concerns a terrifying monster. The other is the winter solstice. The third is, by far, the most important. Read on...
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