Should doctors face liability for every error of judgement?
A doctor's split-second decision saves one life; but costs another. When does error of judgement become medical negligence? The answer will reshape healthcare itself. And the courts are struggling with it.
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What is the difference between ‘Questions of Law’, ‘Questions of Fact’ and ‘Mixed’ questions?
Every courtroom dispute hinges on a deceptively simple question: "What exactly are we arguing about?" Yet this fundamental inquiry—whether we are debating what the law says, what actually happened, or how proven facts fit legal standards—can ...
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Can a court change the language of a written constitution?
No: only Parliament wields the power to amend the Constitution:(Article 159). Yet deeper currents flow beneath: MA63 protects East Malaysian rights. Any constitutional amendment requires their consent. And it is an international Treaty lodged with ...
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Justice on trial: Can Malaysians still trust their courts?
Is Malaysia still a land where everyone stands equal before the law? Or have powerful hands quietly reshaped our justice system to favour the few?
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CJ’s Malta speech defines Democracy: a Government’s legitimacy depends on an Independent Judiciary
Can a judge speak truth about justice without facing negative consequences? Chief Justice Tengku Maimun’s Malta Speech exposed the deepest fractures. It revealed a constitutional cross-road by asking this question: "Will Malaysians choose constitutional rule, ...
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Filtering Appeals: How could the Court of Appeal improve section 68 CJA Leave Applications?
Step into the Court of Appeal on a busy day. Fifteen or more leave applications, each one dragging on—an hour gone with every hearing. Judges listen, counsel argue, yet somehow the essentials get lost in ...
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