The difference between a power and a right

2 minutes to read

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 ...

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What are we doing about the Malaysian Bar’s Hall of Fame?

4 minutes to read

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 ...

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Can Senators be fired?

6–8 minutes to read

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, ...

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Can a court grant a gag order?

7–10 minutes to read

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 ...

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Do lawyers obey the law?

1 minute to read

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 ...

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What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?

3 minutes to read

At first sight, these two concepts seem identical. They are not. If you wish to make litigation your career, you need a sound understanding of these concepts. It is not that difficult, really.

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