by GK Ganesan July 13, 2025
Blog , English , For Lawyers , Home Featured Articles

Who guards the Guardians? What happens when the PM has the power to pick judges, but is in conflict?

The PM, the CJ, and other constitutional appointees are all guardians of the Constitution. If one falters, what happens? When a Prime Minister faces a suit in court, yet it is he who must pick the senior judges who will head the judiciary— he is immediately placed in an irreconcilable position of conflict. Three constitutional paths emerge from Malaysia’s deepest democratic paradox. What are they? There is no point in ...

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by GK Ganesan August 7, 2018
Blog , English , For Lawyers

On the horns of a dilemma – will the Federal Court judges recuse themselves?

An unusual thing happened at the Federal Court on August 6, 2018.  There is a history to this.  You know it well. It concerns a company called 1MDB and the ex-PM Najib Razak. On March 23, 2016, Mahathir sued the then PM Najib Razak for ‘misfeasance in public office’. The High Court struck out the suit. The judge ruled that a prime minister was not a ‘public officer.  The Court of ...

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