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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Nine judges, two years, one crisis: Malaysia’s path between Judicial collapse and Constitutional Renewal

Malaysia's judiciary teeters on the brink. An institutional crisis looms—potentially as devastating as 1988's judicial catastrophe—threatening constitutional governance and the rule of law itself. Nine Federal Court judges departing within two years represents far more than administrative upheaval: it's a catastrophic haemorrhaging of judicial wisdom, precisely when institutional memory matters most. We should never have come to this pass. Left unchecked, this depletion spells disaster for the nation. Which path will Malaysia ...

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Are we seeing a dilution of the prosecutorial system in Malaysia?

Although the Federal Constitution has established a sound legal system, the machinations of a small group of people compel us to ask important questions. Is it true that the enforcement of the law is being disrupted by three devices: [1], an attack on the prosecutorial process; [2], an attack on the judiciary; and [3], a modification of the pardon process?

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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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The deathly silence of dissent in our courts…

Dissent means disagreement between judges.  In a case comprising, say 3 judges, a dissent occurs when one judge distances himself or herself from the other 2 on grounds of legal principle. A dissent is not without its uses.  It may limit the majority decision in some way.  Or the dissent may bear a seed of a wonderful legal point waiting to germinate at some future time. A brilliant lawyer will water ...

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