The opposition MPs protested that the Speaker's appointment was invalid. They walked out of Parliament. After all that drama, lemming-like, they all trooped back: and took their oath before the very same Speaker. What was that about? You tell me.
Read More
[March 7, 2017] No it has nothing to do with a salamander! The question is a simple one. The Bozson and Salaman Tests are straightforward. They refer to the two sides of the same coin. They concern two cases: Bozson v Altrincham Urban District Council [1903] 1 KB 547 and Abd Salaman v Warner [1891] 1 QB 734. These two tests differentiate between a 'final order' and an 'interlocutory order'. Where a case has started, it may proceed ...
Read More
Of course. When I sat for the Bar exams, the guy next to me was Aaron Abraham. He was then 59. We became friends. I asked what had delayed him. He said he had to help out with the family. He had numerous brothers and sisters. He was the eldest. So it is customary in Malaysia that the eldest son takes over the role of the father. He did. I could ...
Read More
We have all heard that there is a right to freedom of speech, the right to peaceful assembly, and the right to form associations: Article 10, Federal Constitution. Do you have a right to travel? Is it guaranteed in the Constitution? Article 9 of the Constitution states that ‘… every citizen has a right to move freely throughout the Federation and to reside in any part thereof.’ So there it is: you can move ...
Read More
A right is inherent. It does not have to be written down anywhere. For example, the right to life, the right to religious freedom, the right to speak freely, or the right to associate with anyone one chooses. Some writers refer to rights enshrined in the Constitution. These inalienable rights above are different, and far superior to constitutional rights. A power has its genesis either in constitutional law, common law or ...
Read More
Many judges and lawyers gave their all to the Bar. If we forget them, we forget who we are. We are all but a package of our memories. You take away the memories, and you take away your personality.
Read More
Can Senators be fired? The answer is Yes, and, No. The ‘No’ comes from those who say that the security of tenure of a Senator is unimpeachable. They point to Article 45 (3) of the Federal Constitution, which states that: - ‘… the term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.’ A Senator may be appointed twice, making ...
Read More
When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’ The order sought to stop public discussions over the charges pending against Najib. The court said it would hear full arguments on the gag orders later. It nonetheless granted ...
Read More
Whether mass civil disobedience can unravel a tyrannical government is a difficult question to answer. History reveals movements that have succeeded gloriously, or have failed miserably. A tyrannical government would be unfazed by any kind of disobedience. That is one aspect Much also depends on the location of the movement: what works in New York, London or Holland may not work in the Middle East, or some parts of Asia. That depends ...
Read More
Do lawyers obey the law? They must. You cannot argue in court about the rightness of a legal principle unless you are prepared to acknowledge its rightness. And obey it. But as there are bad doctors and bad engineers, some bad lawyers, and some bad judges (one hopes a small number) twist the law beyond recognition. That is ethically wrong. For it shows an intent to disobey the spirit of the law. Such lawyers ...
Read More