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Merantai Dalam Kebebasan – Kes UKM4

Merantai Dalam Kebebasan – Kes UKM4

Zharif Badrul menganalisa keputusan penghakiman kes UKM4 oleh Mahkamah Tinggi.

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Speaker Kedah v ADUN N3 Kota Siputeh: Adakah Keputusan Telah Ada Skripnya?

Speaker Kedah v ADUN N3 Kota Siputeh: Adakah Keputusan Telah Ada Skripnya?

Satu lagi keputusan Mahkamah yang menafsirkan Perlembagaan Negeri menyebelahi pihak Barisan Nasional.

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Making the Government Vicariously Liable

Making the Government Vicariously Liable

A critical commentary about the Federal Court decision of Kerajaan Malaysia v Lay Kee Tee [2009] 1 MLJ 1 concerning its interpretation of section 5 and 6 of the Government Proceeding Act 1956 and its impact on vicarious liability claims against the Government.

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LoyarBurok 1 – 0 Attorney General’s Chambers of Malaysia

Mr. Edmund Bon Tai Soon, a founding member of Loyarburok, was charged for driving under the influence of alcohol on 3 April 2005 at approximately at 2:15 a.m. on Jalan Ampang from Jalan Sultan Ismail heading towards Leboh Ampang vide Kuala Lumpur Criminal Magistrate Court Charge No. T1 – P83 – 357 – 2005 pursuant to section 45A(1) the Road Transport Act 1987 (RTA87). Fellow founding member of Loyarburok, Encik Amer Hamzah in his customary manner defended him and successfully persuaded the Magistrate, Tuan Syed Adam AlHabshi. Encik Fahri Azzat discusses the Magistrates decision and explains how close the Attorney General Chambers’ came to proving a prima facie case against Mr. Edmund Bon and having his defence called, and how they eventually lost it. Though this is merely a Magistrate decision, it is the first case in Malaysia in which sections 45A, 45B and 45C RTA87 is considered at length.

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Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W-02-47-2008)

A short discussion and introduction to the Federal Court decision of Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W – 02 – 47 – 2008). Coram: Tun Zaki bin Azmi CJ, Tan Sri Dato’ Alauddin bin Dato’ Mohd Sheriff PCA, Dato’ Gopal Sri Ram FCJ. The written judgments of Tun Azmi bin Azmi CJ and Dato’ Gopal Sri Ram FCJ are downloadable.

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MB v MB appeal: 3 Answers

With reference to the 3 questions for the Federal Court on the MB v MB appeal mentioned here, my answers are as below:

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The Loss of Confidence: Who Decides?

The Loss of Confidence: Who Decides?

Introduction Last week, I wrote an online comment on the nature and ambit of the Sultan of Perak’s powers (see www.loyarburok.com here), basing my thoughts on the High Court decision in that case. Shortly afterwards, two of the three Court of Appeal judgments – those of Dato’ Raus Sharif and Dato’ Ahmad Maarop JJCA – […]

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MB v MB Appeal: 3 Questions for the FCT

Date: July 9, 2009 Coram: Alauddin Sheriff, Arifin Zakaria, Zulkefli Makinudin FCJJ

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“The Sultan has no explicit power to dismiss an MB under the Perak Constitution”, The Sultan’s Constitutional Powers: A Comment

“The Sultan has no explicit power to dismiss an MB under the Perak Constitution”, The Sultan’s Constitutional Powers: A Comment

LoyarBurok is privileged to have received this comment piece from Kevin YL Tan on the on-going Perak constitutional crisis. Kevin has taught constitutional law for over 20 years. He currently holds Adjunct Professorships at the Faculty of Law, National University of Singapore and the S Rajaratnam School of International Studies, Nanyang Technological University. He is […]

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Crises of Confidence and Perak’s Constitutional Impasse

Professor Dr. Andrew Harding, after the demise of the late Professor RH Hickling CMG QC, would (with Professor Dr. HP Lee) arguably share the honour of being the foremost jurists on the Malaysian Constitution. Among others, he is the author of “Public Duties and Public Law” (OUP, 1989), “Law, Government and the Constitution in Malaysia” […]

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The Tree Injunction – my thoughts

Raising several questions about the injunction obtained against Perak Assembly Speaker Sivakumar stopping him from convening “unlawful” meetings of the State Assembly. Does it apply to the “tree sitting”?

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Perak Speaker can appoint private lawyers

The restriction in the Government Proceedings Act on “public officers” using private lawyers only with the permission of the Attorney General does not apply to the Speaker of the Legislative Assembly of Perak defending a suit brought against him in his capacity as Speaker. Thus, the Ipoh High Court decision to bar Tommy Thomas and […]

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Bias, Public Perception and Recusal: Judicial Consistency at LAST?

Bias, Public Perception and Recusal: Judicial Consistency at LAST?

One certain lesson we learnt at law school was that the law must be certain. The law must apply and be applied across the board fairly. Lawyers should be able to make a good assessment of the case based on the prevailing law, and be able to advise their clients accordingly. Uncertainty in the interpretation […]

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A Consideration of Judicial Pronouncements on Privileged Communications

A consideration of England’s House of Lord’s decision in Rush & Tompkins Ltd v Greater London Council and Another [1989] 1 AC 1280 and Malaysia’s High Court decisions of Oh Kuang Liang v Associated Wood Industries Sdn Bhd [1995] 2 CLJ 961 and Dusun Desaru Sdn Bhd & Anor v Wang Ah Yu & Anor [1999] 2 CLJ 749.

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Of technology and its influence in the formation of legal principles

A meditation about the interactivity between the formation of legal principles and the available technology at the time, and how the latter influences the former.

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Dato’ Sri Ram and Stare Decisis

An analysis of Dato’ Sri Ram’s flouting of the doctrine of stare decisis.

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The case against Marwan Ismail

The decision of PP v Marwan Ismail [2007] 7 CLJ 243 is a good example of how an incompetent sitting Magistrate combined with archaic and bureaucratic procedural rules combine to create a potent brew of injustice.

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