Are disciplinary proceedings against doctors far too complex? Are complainants at a disadvantage? Can these proceedings be simplified?
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
How should we choose our top civil servants?
How should we choose our civil servants? Who chooses them? What are the criteria to be employed? How should they be fired? Should not civil society and Parliament have a role to play? Should not the public be consulted?
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
The MACC quandary: Should stakeholders be consulted before public officials are appointed?
A great public uproar accompanied the sudden appointment of the MACC Chief. Behind the clamour lurks a Kraken of colossal importance: Should all national stakeholders have a say in the appointment of senior public servants? This is an educational moment. What will we do with it?
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
Which is supreme: the Constitution, the monarchy or some other power?
A Ruler's power to appoint a Chief Minister is all the rage. A blogger once wrote that the monarch could appoint his gardener as prime minister. Was he right? This minor question begets larger ones. For a start, (1) Is there a legal principle higher than the Constitution? (2) How should the Constitution be interpreted?
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Blog , English , For Lawyers
Are private hospitals immune from the negligence of their specialists? [Part-3]
Private hospitals have long been escaping blame for their specialists’ negligence. When a specialist falls into a terrible error, should not the courts – as a matter of policy – hold private hospitals liable? If so, what should be the principle behind the policy?
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Blog , English , For Lawyers
Are private hospitals immune from the negligence of their specialists? [Part-2]
In Part-1, we examined the difficulties of using vicarious liability as a tool when dealing with private hospitals. In Part-2, we examine how the law in this area has developed, and where it should go.
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Blog , English , For Lawyers
Are private hospitals immune from the medical negligence of their specialists? [Part-1]
First the courts said, ‘No'. Then they said, ‘Yes’. Afterwards they said, ‘It depends’. What does it all mean to you - and your loved ones?
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You rush an injured friend to the hospital. The A&E staff say, "Please wait, we're busy". Your friend succumbs to his injuries. If you sued the hospital, will you win?
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Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles
When is a person ‘in contempt of court’?
Recently, the courts granted permission for the Attorney General to bring contempt proceedings against two practising lawyers. When can a person be 'cited for contempt of court'? How does the law of contempt work?
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Blog , Constitutional Law , English , For Lawyers , Government , Politics
Will a Royal Commission guarantee a squeaky-clean, independent judiciary?
Will the formation of a Royal Commission heal the Judiciary's deathly fever?
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