An ancient Roman law prevents press discussion of pending court cases. Isn’t that against freedom of speech? Against a free press? Is it a shield, or a sword, by which criticism against judicial idiosyncrasies is silenced? Why should we be bound by it? Is this law dead - or dying? Read on ....
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One day in 2006, while autumnal winds were nipping at my heels, Peter Mooney opened a door. He led me into Aladdin's Cave, filled with the universal beauty of language, a love of nature, an enduring journey with history; and submission to a Higher Power.
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Blog , Constitutional Law , English , For Lawyers , Government
Can a person-about to be charged-tie the Attorney General’s hands?
Can a person prevent the Attorney-General from deciding to prosecute him? The former Director of the Asian International Arbitration Centre did just that. Would the courts agree? Read on ...
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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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Do members of the Bar believe in equality? The way the Bar Council is elected does not reflect equality. More than 60% of the members of the Bar get no more than 11% influence in Bar Council's decisions. How can this be improved?
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Blog , Constitutional Law , English , Government , Politics
Will Corruption Amnesty Work? [Part-2: Proposals]
This is Part 2 of the article entitled, ‘Will Corruption Amnesty Work?’ You’ll find part 1 here. We saw, in Part-1, how if we sack every corrupt person, we’d lose a substantial number of people in enforcement agencies, local governments, courts, and the Government. This is because corruption in Malaysia is deep-seated. So what? Corruption and State Capture Corruptions infects and emaciates a nation, its institutions and its people. It kills a just and efficient ...
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Blog , Constitutional Law , English , Government , Politics
Will corruption amnesty work? [Part-1: Analysing the Problem]
Do you think corruption amnesty will work in Malaysia? Is it the right way to tackle endemic corruption? Analyse the problem. A question for your conscience Corruption is the abuse of public office for private gain – both pecuniary and otherwise. What if we gave every corrupt person a chance to come clean within 6 months? Only if they don’t admit their crime should we put them – and those who enjoyed the fruits of their ...
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Blog , Constitutional Law , English , Government , Home Featured Articles , Politics
Could we eliminate electoral fraud by improving election laws?
Could we eliminate electoral fraud by improving election laws? An election petition is a difficult thing. The law has ring-fenced it with several impenetrable technical rules. Combating electoral corruption under the current, antiquated laws is impossible. After the results of the 13th General elections results were announced on 5 March 2013, I was asked, with a dozen others, to file election petitions for 22 constituencies in Perak. The petitions alleged that the winners ...
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Blog , BM , For Lawyers
Adakah perlu peguam negara merupakan seorang melayu atau muslim? Adakah beliau harus memberi nasihat berkenaan undang-undang syariah?
Artikel asal oleh: GK Ganesan Kasinathan; Penyunting: KN Geetha Terjemahan oleh Alumni Fakulti Undang-Undang, UKM:- Nur Fazreen Khalid, Nur Aimi Binti Che Soh Malathi Mohan Wan Aimi Shamimi Binti Abdullah Vrnda Sre Nagindera Rao Cadangan pelantikan Peguam Negara yang baru telah menimbulkan kekeliruan dan salah tafsir di kalangan masyarakat khususnya mengenai peruntukkannya dalam Perlembagaan Persekutuan. Kita harus mengenalpasti isu yang dipertikaikan. Wujud perdebatan di kalangan rakyat mengenai siapa yang layak menjadi Peguam Negara selaras dengan peruntukan dalam Perlembagaan ...
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