Posts Tagged ‘ Chief Justice ’

Ducking at the Court of Appeal?

26 January, 2010
By Amer Hamzah Arshad
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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Posted in Judging the Judges | 4 Comments »

My People First, Performance for My People Now?

10 November, 2009
By Richard Wee

A few days after America’s Capitol Hill celebrated the historic passing of their Health Care Bill, we hear some shocking and illogical statements in our Capital Hill, the Parliament. The American People’s Representatives have been working hard to work out a deal for the American people, but in the Malaysian Parliament on November 9,...
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Is the EAIC constitutional?

6 July, 2009
By Andrew Khoo Chin Hock

WHEN our Federal Constitution was promulgated in 1957, Part X was designed to deal with public services. Under Article 132, seven areas of public services were identified: the armed forces, the judicial and legal service, the general public service, the police force, the railway service, joint public services (between the federation and one or...
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A reason why corroboration is required for proof of rape

6 May, 2009
By Fahri Azzat

In the Federal Court decision of Din v Public Prosecutor MLJ 300, Thomson LP who wrote the leading judgment discussed the necessity of corroboration for the proof of rape. In that discussion, His Lordship wrote the following: But the desirability for corroboration of the evidence of the prosecurtrix in a rape case (which in...
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Posted in Judging the Judges | 3 Comments »

Appointing and Promoting Judges on Merit

5 January, 2009
By Chen Mian Kuang

In the New Sunday Times on 21 December 2008, it was reported that our Chief Justice was thinking of determining the seniority of judges based on merit instead of time served on the bench. “Merit” would also be a relevant factor for the Judicial Appointments Commission (JAC) to consider in the appointment and promotion...
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Notes on a Talk by Tun Abdul Hamid Mohamad

18 December, 2008
By Fahri Azzat

On 6 November 2008, the former Malaysian Chief Justice, Tun Abdul Hamid Mohamad, gave a talk titled 'Harmonization of Common Law and Shari'ah in Malaysia: A Practical Approach' at Harvard University in honour of Abd Al-Razzaq Al-Sanhuri, a highly respected Egyptian scholar and jurist. These were some of my notes and thoughts upon reading...
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