Should doctors face liability for every error of judgement?
A doctor's split-second decision saves one life; but costs another. When does error of judgement become medical negligence? The answer will reshape healthcare itself. And the courts are struggling with it.
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What is the difference between ‘Questions of Law’, ‘Questions of Fact’ and ‘Mixed’ questions?
Every courtroom dispute hinges on a deceptively simple question: "What exactly are we arguing about?" Yet this fundamental inquiry—whether we are debating what the law says, what actually happened, or how proven facts fit legal standards—can determine the fate of both victims and defendants. The distinction isn't merely academic; it shapes everything from appeal strategies to awards ...
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Can a court change the language of a written constitution?
No: only Parliament wields the power to amend the Constitution:(Article 159). Yet deeper currents flow beneath: MA63 protects East Malaysian rights. Any constitutional amendment requires their consent. And it is an international Treaty lodged with the UN. And timeless wisdom echoes: "Why fix what isn't broken?"
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Justice on trial: Can Malaysians still trust their courts?
Is Malaysia still a land where everyone stands equal before the law? Or have powerful hands quietly reshaped our justice system to favour the few?
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Who guards the Guardians? What happens when the PM has the power to pick judges, but is in conflict?
The PM, the CJ, and other constitutional appointees are all guardians of the Constitution. If one falters, what happens? When a Prime Minister faces a suit in court, yet it is he who must pick the senior judges who will head the judiciary— he is immediately placed in an irreconcilable position of conflict. Three constitutional ...
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Filtering Appeals: How could the Court of Appeal improve section 68 CJA Leave Applications?
Step into the Court of Appeal on a busy day. Fifteen or more leave applications, each one dragging on—an hour gone with every hearing. Judges listen, counsel argue, yet somehow the essentials get lost in the shuffle. Is there a better way?
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