In recent years I have appeared in several trial courts: Kuala Lumpur, Shah Alam, Kota Bharu, Kuala Terengganu, and Johore Bharu. My work requires me to appear regularly before the Court of Appeal and the Federal Court. I am happy to report that Malaysian judges are courteous, professional–and to use an old English word, "proper". It was not always this way: several times in my career, I have come across ...
Read MoreCan a Pupil in Chambers Argue a Case Before a Magistrate, Before Call?
During pupillage, she may rise and argue before a magistrate. The moment pupillage ends, her voice falls silent — until Call. This is where the two lines fall, and why.
Read MoreWhy should an innocent passenger pay for the driver’s fault? [Part-2]
She cannot drive. She did not buy the tyres. Yet an insurer says she should pay her father's ninety per cent. The law, and four jurisdictions, say otherwise.
Read MoreDo We Teach Young Lawyers a Spine and a Conscience — or Just Hand Out Certificates?
Are we asking the right questions about legal training? Malaysia wants to retire the CLP — but the exam, and the training, were never the real danger. It is what we fail to teach.
Read MoreIs Iskandar Nuli Bad Law? The Strange Afterlife of the ‘Commonality Principle’ [Saamran: 4/11]
Unendorsed by the highest court, the 'commonality' doctrine's crumbling bones still haunt Malaysian roads. Should they not be buried altogether?
Read MoreCan Malaysia stop its own ports being used to dodge American tariffs?
Malaysia has the laws to stop tariff-dodging — but one crucial piece is missing.
Read MoreCan the Najib Addendum override constitutional procedure? The High Court’s Answer
Can a King’s mercy bypass constitutional procedure? In a landmark ruling, Justice Alice Loke says, “No”. She affirms that even royal prerogatives must give way to Constitutional 'due process'.
Read MoreHow should Professional Bodies punish multiple disciplinary offences? The principle of ‘Totality’
When a professional is found guilty of multiple misconducts, should a disciplinary body impose separate punishments for each offence, and then add them up, or just impose a single punishment for all? What if the offences occurred during the same incident, or at different times? How should the appropriate punishment be decided?
Read MoreSome say that the power of the King to grant a royal pardon is ‘absolute,’; that ‘no one can question it’. Is this correct?
Read MoreDarurat 2021: Kisah 108 lawan 34
Kisah ini menggambarkan keadaan negara sekarang.
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