On our Judges and other matters of the Judiciary
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 1 MLJ 417 and Asean...
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Tags: Adorna Properties Sdn Bhd v Kobchai Sosothikul [2006] 1 MLJ 417, Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377, Dato' Seri Anwar Ibrahim, Heliliah Mohd Yusof FCJ, How to Judge the Judges, Intellectual Dishonesty, John Lord Campbell (Lives of the Lord Chancellors), Mohd Ghazali Mohd Yusoff FCJ, Review of Federal Court decision, Rule 137 of the Federal Court Rules, Section 51A, Zulkefli Ahmad Makinuddin FCJ
Posted in Judging the Judges | 8 Comments »
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...
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Tags: Dato' Seri Anwar Ibrahim, Heliliah Mohd Yusof FCJ, How to Judge the Judges, Intellectual Dishonesty, John Lord Campbell (Lives of the Lord Chancellors), Mohd Ghazali Mohd Yusoff FCJ, Review of Federal Court decision, Rule 137 of the Federal Court Rules, Zulkefli Ahmad Makinuddin FCJ
Posted in Judging the Judges | 1 Comment »
Snacking on the difference in attitudes and competencies between the English Court of Appeal and the Malaysian Court of Appeal.
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Tags: Amer Hamzah, caning, Constitutional Issue, Court of Appeal, Fahri Azzat, Human Rights, Malaysian Judiciary, Potato Chips, sodomy
Posted in Judging the Judges | 1 Comment »
Why I say it is so easy to expose our judges for incompetence – but this can only happen in Malaysia.
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Tags: Anwar Ibrahim, Fair Trial, judicial bias, Judiciary, NH Chan, Perak crisis, sodomy
Posted in Judging the Judges | 1 Comment »
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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Tags: Article 122AB, Article 122B, Article 123, Article 8, Cabinet, Chief Judge of Malaya, Court of Appeal Judges, Dato' Seri Anwar Ibrahim v PP [2000] 2 CLJ 570, Federal Constitution, Federal Court composition, Federal Court Judges, Part IX, Tokenism, Top Legal Counsels
Posted in Judging the Judges | 14 Comments »
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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Tags: Betrayal of Judiciary, constitutional monarchy, Francis Bacon, Independence of Judiciary, Lord Denning, Power Grab, Rule of Law and Good Governance, Sultan Azlan Shah, The Family Story, What Next in the Law
Posted in Judging the Judges | 3 Comments »
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 | 4 Comments »
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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Tags: Adorna Properties Sdn Bhd v Boonsom Boonyanit, Adorna Properties Sdn Bhd v Kobchai Sosothikul, Alauddin Mohd Sheriff (President Court of Appeal), Arifin Zakaria (Chief Judge Malaya), Article 33(1) of the Perak Constitution, Article 72(1) of the Federal Constitution, Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd, Chief Justice Abdul Hamid Mohamad, Chief Justice Zaki Azmi, Duty of a Judge, How to Judge the Judges (2nd Ed), Interpretation of Statute, James Foong Cheng Yuen FCJ, Lord Denning, Parliamentary Supremacy, PS Gill J, Review of Federal Court decision, Tan Ying Hong v Tan Sian San and Ors, The Discipline of Law, Zambry v Sivakumar
Posted in Judging the Judges | 7 Comments »
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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Tags: Article 5, Article 8, carnal intercourse against the order of nature, Chief Justice, consenting adults, Court of Appeal, Criminal Procedure Code, discriminatory, duck, Essdee, Federal Constitution, Federal Court, gender, Penal Code, principle of equality, Right to Privacy, rotan, Section 289, Section 377A, Section 377B, well-reasoned judgments, whipping
Posted in Judging the Judges | 4 Comments »
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