Dissent means disagreement between judges. In a case comprising, say 3 judges, a dissent occurs when one judge distances himself or herself from the other 2 on grounds of legal principle. A dissent is not without its uses. It may limit the majority decision in some way. Or the dissent may bear a seed of a wonderful legal point waiting to germinate at some future time. A brilliant lawyer will water ...
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A recent spate of social media messages argue that the former prime minister Najib enjoys absolute immunity from criminal sanction. The messages refer to an article by Mr Charles Hector, entitled: ‘Najib – Cannot be charged for crimes as a public servant until law is changed?’ Now, did Charles say the former PM was immune from any criminal prosecution? In 2016, Tun Mahathir sued Najib. Mahathir alleged that there had been ...
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Blog , English , For Lawyers
Does The AG Need To Be A Malay Or A Muslim? Does He Have To Advise On Syariah Law?
The nation is trundling towards a calamitous constitutional misunderstanding. Someone has to do something about it and set matters straight. Let us identify what is happening. A debate has begun to rage. It concerns the identity of the person who should be the next Attorney General. It is about constitutional provisions regarding what characteristics the Attorney General should have—and whether the current nominee, Mr. Tommy Thomas has them. Two conflicting ideas At the heart ...
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The Malaysian Judiciary has languished in darkness for four decades. Have we squandered the golden opportunity to reform it? Are we back to square one? Bringing in new judges won't cut it. Making the courts the more efficient won't help. All that was done: all that did not help. Something else is needed. What should we do to make our Judiciary one of the very ...
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If you are in the middle years of legal practice, how - and where - do you learn the tricks of the trade?
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