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Retrospective Pension for Chief Justice Zaki (?)

Retrospective Pension for Chief Justice Zaki (?)

Tommy Thomas offers a critical examination of the Judges Remuneration (Amendment) Act 2011.

Members’ Complaints Regarding Current Court Proceedings

Members’ Complaints Regarding Current Court Proceedings

An email from Azman, following the Bar Council’s press conference on 4 March 2011.

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Ask Lord Bobo: Of Lawyers And Law-breakers

Ask Lord Bobo: Of Lawyers And Law-breakers

From the Selangor Times Issue 13, 25-27 February 2011. Ask Lord Bobo ponders what litigation lawyers think about getting paid 400% more this year, and whether laws are meant to be broken.

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Heavier Sentences Not Solution To Reduce Crime

Heavier Sentences Not Solution To Reduce Crime

What is the purpose of a heavy sentence when it is an almost forgone conclusion that an offender who completes his sentence is very likely to return to a life of crime because of their rejection from society?

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Speedy Gone Justice!

Speedy Gone Justice!

A hard critical look at the Chief Justice’s apparent initiatives to revamp legal practice, and some questions for his Lordship to think about.

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Justice on a Coin Flip?

Justice on a Coin Flip?

The burden faced by lawyers is matched by none other than the glee on the face of the exalted ones when they announce how many cases have been summarily disposed. Of course it is carefully engineered to look as if justice was served. Cold, raw dish indeed.

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Harrumph. Tell us something new, Ed.

Harrumph. Tell us something new, Ed.

LoyarBurokker Shanmuga K. critiques Edmund’s “Biting Interview” as critiquing what lawyers and the rakyat already know. Old news, really.

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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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Step on it if you dare!

Ahmad and Ah Boy would be standing face to face, about 2 feet apart. No one moved. Ahmad was waiting for Ah Boy to make the first move and vice versa. The crowd, which of course would include me, would wait and wait. When are you two brave guys gonna go at each other la dey…I want to go home and have my lunch la.

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My People First, Performance for My People Now?

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, 2009, […]

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Is the EAIC constitutional?

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 more […]

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A reason why corroboration is required for proof of rape

In the Federal Court decision of Din v Public Prosecutor [1964] 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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Appointing and Promoting Judges on Merit

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 of […]

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Notes on a Talk by Tun Abdul Hamid Mohamad

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 the speech. All Quranic translation are taken from the translation rendered Abdullah Yusuf Ali with his commentary; Published by Amana Corporation. Finally, though I make general references to Muslims and non-Muslims, I appreciate the hybrid nature of one’s personality and affiliations as posited by Edward Said, and my doing so is merely to facilitate directness of expression where thoughts of the interaction between the two social constructs are concerned.

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