by GK Ganesan July 13, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

CJ’s Malta speech defines Democracy: a Government’s legitimacy depends on an Independent Judiciary

Can a judge speak truth about justice without facing negative consequences? Chief Justice Tengku Maimun’s Malta Speech exposed the deepest fractures. It revealed a constitutional cross-road by asking this question: "Will Malaysians choose constitutional rule, or arbitrary power?" What is your answer? It matters.

Read More
by GK Ganesan July 12, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

The Greatest Judges of All Time: the Titans who defied history

When history called, eleven judges answered: “Here I stand.” From Atkin’s neighbour principle to Dixon’s legalism, from Solomon’s wisdom to Bao Zheng’s integrity, from Abu Hanifa’s reasoning to Ginsburg’s equality crusade—these titans of justice dared to choose courage over comfort, principle over precedent. Their legacy lives in every courtroom where fairness still matters—proof that law can be humanity’s greatest tool for justice.

Read More
by GK Ganesan July 11, 2025
Blog , English , Home Featured Articles

Has the RTA made the ‘insurable interest defence’ and the ‘recovery action,’ redundant?

Should innocent accident victims be forced into costly legal battles twice—once against the driver and again, [by what has come to be known as a ‘Recover Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Sa' Amran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?

Read More
by GK Ganesan June 3, 2025
Blog , BM , English , For Lawyers , Home Featured Articles

What Happened During the Malaysian Judicial Crisis in 1988?

In 1988, a tremor rent Malaysia’s halls of justice: an institutional earthquake that cleaved its very bedrock. Constitutional pillars crumbled; and the Beacon that once burned bright for Justice flickered, and then, died. Sacred robes, woven with centuries of honour, lay torn in the rubble. The Unthinkable carved its wound into the very beating heart of the Constitution. Here sleep the lasting memories of those who fell, shields raised against the ...

Read More
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?

Read More
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.

Read More
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.

Read More
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' ...

Read More