Posts Tagged ‘ Sivarasa v Badan Peguam Malaysia (Federal Court Appeal No. W – 01 – 8 – 2006) ’

The Damning Lack of Dissent

2 February, 2010

By Fahri Azzat

The local judiciary is notorious for its lack of dissent. An examination of why a culture of dissent is important for the judiciary and the implications of lacking such a culture.
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Tags: Adorna Properties Sdn Bhd v Boonsom Boonyanit [2001] 2 CLJ 133, Alauddin Mohd Sheriff PCA, Appellate Courts, Arifin Zakaria (CJ Malaya), Article 122(2) of the Federal Constitution, Augustine Paul FCJ, Dato' Dr. Zakaria bin Mohd Yatim JCA, Dato' PS Gill J, Dato' V. Kanagalingam v David Samuel & Ors [2006] 3 CLJ 909, Dissenting Judgments, Eusoffe Chin CJ, Federal Court, Gopal Sri Ram FCJ, Harris Mohd Salleh v The Returning Officer, Insas Berhad & Anor v Ayer Molek Rubber Company Berhad & Ors [1995] 3 CLJ 328, Ismail Majin & Ors (And Another Petition), Jamaluddin Mohd Radzi & Ors v Sivakumar Varatharaju Naidu; Suruhanjaya Pilihanraya (Intervener) [2009] 4 CLJ 437, James Foong FCJ, Justice Hishamudin Yunus, Justice Muhammad Kamil Awang, Lee Kwan Woh v PP [2009] 5 CLJ 631, Nik Hashim FCJ, section 74 of the Courts of Judicature Act 1964, Sivarasa v Badan Peguam Malaysia (Federal Court Appeal No. W - 01 - 8 - 2006), Tun Zakir CJ, Zambry Abd Kadir & Ors v YB Sivakumar Varatharaju Naidu; Attorney-General Malaysia [2009] 4 CLJ 253
Posted in Judging the Judges | 5 Comments »

Recent Comments

abdulhaleem: The first is his amazing ability to sleep sitting up. You all may think I’m not serious but this is a...
UNIKL.ORG: Since when this is about UITM alone? http://unikl.org/campus-discus sion/232-8-mimet-students-s...
amoker: Yada yada, Uitm does not subscribe to such ‘opposition’ culture. I do remember Uitm students...
ladymissazira: Haha, this is very entertaining! Good read!
Jonathan Gui: Well as for starters. I feel that in this current ‘Malaysia’, pains me with pangs of...
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Alan Tan: Good one Sir! a truly inspiring coaching!
Jonathan: I doubt very much if any UMNO, MIC, MCA member will understand any scene in the movie. UMNO will probably...
Popia: I have to object to your view on Chris Nolan’s past films. Memento, in my view, was motivated and...