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Kepercayaan Kita Terhadap Mahkamah Perlu Kekal Utuh

Kepercayaan Kita Terhadap Mahkamah Perlu Kekal Utuh

Walaupun seringkali dikecewakan, penantian dan kepercayaan kita kepada badan Kehakiman masih lagi berbaloi.

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The Administration Of Justice in Malaysia – A Glaring Misconception

The Administration Of Justice in Malaysia – A Glaring Misconception

Lately the Courts are so concerned with speed. It is as if suddenly the Courts have become an F1 team. The thing which really irritates the bejeezus out of me is the seemingly nonchalant attitude displayed by the Courts on fairness and justness. It is as if when a case is disposed, justice is done. As if the way it was disposed, the rationale for the disposal and everything else is secondary or rather not relevant.

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The “Bagi Chance” Principle

The “Bagi Chance” Principle

A discussion about one of the most unique and widely and frequently applied principle of law in Malaysia but not documented in any legal journal, legal textbook or academic treatise.

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Top Judicial Posts Merit Scrutiny

This article was published yesterday in The Sydney Morning Herald. LB is reproducing it due to its content value and relevance

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Now You Submit, Now You Don’t!

Now You Submit, Now You Don’t!

The incongruity of the Federal Court decision of Diana Nelson Tanoja v PP[2010]3CLJ 1 with its other decision in Lee Kwan Woh v Public Prosecutor [2009]5CLJ 631 which relates to the issue of whether an accused person has a right to make submission to the judge after the defence has completed its case but before judgment is pronounced.

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Written Judgments are Optional

Written Judgments are Optional

A follow up to Amer Hamzah’s piece “Ducking at the Court of Appeal?” The Court of Appeal has finally replied the request for its written judgment.

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From Judges To Gestapo Type Police: Tyranny of abuse of powers

From Judges To Gestapo Type Police: Tyranny of abuse of powers

When powers are abused there is no tyranny like them. The abuse of powers by police is a consequence of the bad example set by judges when they refuse to apply the law as it stands or when they apply double standards in their judgments.

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The Monarch Has No Power to Sack Any Member of The Cabinet Exco

The Monarch Has No Power to Sack Any Member of The Cabinet Exco

The reality is neither the King nor the Sultan has any power to sack the Prime Minister/Menteri Besar or the other cabinet ministers/executive councillors.

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Was the sacking of Anwar Ibrahim from the Cabinet 11 years ago lawful?

11 years ago, the Deputy Prime Minister of Malaysia, Dato’ Seri Anwar Ibrahim was sacked from the cabinet. An incisive look at the Federal Court decision that the sacking was lawful and why it is lawful.

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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 2)

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 as it relates to section 51 and 51A of the Criminal Procedure Code and the Federal Court decisions in Adorna Properties v Kobchai Sosothikul [2006] 1 MLJ 417 and Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377. This is the concluding part.

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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 1)

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 in 2 parts. This part considers the recent Federal Court decision dismissing Anwar Ibrahim’s application to review a previous Federal Court decision dismissing his application for disclosure of documents for his second sodomy trial.

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Of sodomy, caning and potato chips

Of sodomy, caning and potato chips

Snacking on the difference in attitudes and competencies between the English Court of Appeal and the Malaysian Court of Appeal.

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Bias, and Why It Is So Easy to Expose a Judge for Incompetence

Why I say it is so easy to expose our judges for incompetence – but this can only happen in Malaysia.

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Assessing the Racial Composition of the Malaysian Judiciary

A critical assessment of the racial composition of the Malaysian Judiciary in relation to the Federal Constitution and societal and political environment.

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The Necessity of Judging the Judges

For the anniversary of the power grab for control of the Perak State Government by the BN led Government in power, Malaysianinsider asked me to write an essay on the topic that the biggest casualty out of that entire episode is the Law. But the Law is not a casualty.

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The Damning Lack of Dissent

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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Adorna reversal: Selective Justice by the Federal Court?

An incisive look at the ethical dynamics behind the recent Federal Court decision of Tan Ying Hong v Tan Sian San and Ors.

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Ducking at the Court of Appeal?

Ducking at the Court of Appeal?

Amer Hamzah Arshad (with Fahri Azzat in support) continues LoyarBurok’s well-taken trademark tirade against the practice of Malaysian judges who duck writing judgments on important constitutional law issues.

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Reminiscing the Call to the Bar

A discussion, remembrance and so a peak at the long calls as it used to be practised in the High Courts of Malaysia after reading ‘A Meditation about Moving by an Occasional Mover.’

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Court-sanctioned Homicide of a Democratic Concept

3 days to the MyConstitution Phase 2 launch, “Constitutional Institutions and the Separation of Powers”, on Jan 15, 2010 at Sunway University College (4pm), Leslie Gabriel reminds us of the challenge which lies ahead to restore the concept of the separation of powers in this country.

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