by GK Ganesan June 14, 2025
Areas Of Practice , Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

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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by GK Ganesan May 30, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

Is a prime minister immune from civil suits?

Do you remember an essay I wrote in 2018? The one that argued that a former PM enjoyed no immunity from criminal prosecution? Stand that principle on its head. Is a prime minister immune from a civil suit, [e.g. a suit for breach of contract to buy a property]? What if she did enjoy such an immunity? What would happen?

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by GK Ganesan May 27, 2025
Blog , English , For Lawyers , Home Featured Articles

The Promise and the Perils of Artificial Intelligence in Court Work

Artificial Intelligence flows through the hallowed halls of justice as the morning mist—pervasive, transformative, and unstoppable. Courts and lawyers alike should embrace AI — with wisdom, not fear. Frost reminds us, “The best way out is always through.” No machine can ever match the human soul's eternal quest for justice. That fire burns beyond all programming.

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by GK Ganesan March 9, 2025
Blog , Constitutional Law , English , Government , Home Featured Articles

Can the Home Minister declare a 7-star hotel as a prison?

"Don't be ridiculous!", is what you would say. Why not? This is because on March 6, 2025, it was reported that Malaysia’s Home Minister could declare any place (including a house) as a 'prison' under sec.3 of the Prisons Act 1995 (the Act). This was meant to – and did spark – a heated debate: could the Home Minister use his discretion to incarcerate a prisoner at a luxurious residence? ...

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by GK Ganesan February 16, 2025
Blog , English , Home Featured Articles

Do Malaysian non-Muslims have the fundamental right to worship?

The answer is, Yes. The Malaysian Federal Constitution, specifically Article 11(1), read with Art 3(1) and (5), guarantees every individual’s right to ‘profess’, ‘practice’, and, subject to certain laws prohibiting proselytisation to Muslims, to ‘propagate’ their religion. The Constitution therefore guarantees that non-Muslims have the same fundamental right of worship as do our Muslim counterparts. I will all tell you an interesting story at the end.

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by GK Ganesan February 8, 2025
Blog , English , Home Featured Articles

Is the test for a stay of execution in personal injury cases, different?

The test for a stay of execution in personal injury cases involving the Road Transport Act 1987 (RTA) differs significantly from other civil cases. This essay examines the nuances of this test and addresses several key questions. It concludes that the test is far higher because of the operation of sec. 96(2)(b), read with ss.96(1) and 91(3) of the RTA. The other question is whether the insurer's 'right to intervene' ...

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by GK Ganesan January 29, 2025
Blog , English , Home Featured Articles

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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