What are we doing about the Malaysian Bar’s Hall of Fame?
Many judges and lawyers gave their all to the Bar. If we forget them, we forget who we are. We are all but a package of our memories. You take away the memories, and you take away your personality.
Read More
Can Senators be fired? The answer is Yes, and, No. The ‘No’ comes from those who say that the security of tenure of a Senator is unimpeachable. They point to Article 45 (3) of the Federal Constitution, which states that: - ‘… the term of office of a member of the Senate shall be three years and shall ...
Read More
When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’ The order sought to stop public discussions over the charges pending against Najib. The ...
Read More
Whether mass civil disobedience can unravel a tyrannical government is a difficult question to answer. History reveals movements that have succeeded gloriously, or have failed miserably. A tyrannical government would be unfazed by any kind of disobedience. That is one aspect Much also depends on the location of the movement: what works in New York, London or ...
Read More
Do lawyers obey the law? They must. You cannot argue in court about the rightness of a legal principle unless you are prepared to acknowledge its rightness. And obey it. But as there are bad doctors and bad engineers, some bad lawyers, and some bad judges (one hopes a small number) twist the law beyond recognition. That is ethically ...
Read More
What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?
At first sight, these two concepts seem identical. They are not. If you wish to make litigation your career, you need a sound understanding of these concepts. It is not that difficult, really.
Read More