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.

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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?

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Has the Federal Court ended the ‘Recovery Action’ and the ‘insurable interest defence’ in Malaysian Motor Insurance Law?

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 ‘Recovery Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Saamran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?

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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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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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The Jurisprudential Revolution: How the Ten Principles in Mohamed Fayadh transformed sec.96(2)(a) RTA 1987

For the first time in 90 years, we are asking the right questions in the right order, especially in personal injury cases. Under s.96(2)(a) RTA 1987, must accident victims themselves notify insurers before commencing proceedings, or does this duty lie elsewhere? This article asks 10 more such questions.

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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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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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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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