Attorney-General's Department’s Post

[COURT CHRONICLES: IKI PUTRA MUBARRAK] Introducing our public awareness initiative, 'Court Chronicles', which aims to shed light on various cases of public interest in Malaysia for the benefit of laypersons, law students, and legal practitioners alike. In this first post, we dive into the Federal Court case of Iki Putra bin Mubarrak v Kerajaan Negeri Selangor & Anor [2021] 2 MLJ 323 which discussed the powers of enacting laws concerning sexual intercourse against the order of nature, as well as the conflict of jurisdictions between civil courts and Syariah courts. #YTSPAI #federalcourt #law #malaysia #constitutionallaw #constitution #jurisdiction

[𝗛𝗼𝗻𝗴 𝗞𝗼𝗻𝗴 𝗖𝗼𝘂𝗿𝘁 𝗥𝗲𝗮𝗳𝗳𝗶𝗿𝗺𝘀 𝗟𝗲𝗴𝗮𝗹 𝗣𝗿𝗶𝗻𝗰𝗶𝗽𝗹𝗲𝘀 𝗚𝗼𝘃𝗲𝗿𝗻𝗶𝗻𝗴 𝘁𝗵𝗲 𝗙𝗶𝗹𝗶𝗻𝗴 𝗼𝗳 𝗦𝘂𝗽𝗽𝗹𝗲𝗺𝗲𝗻𝘁𝗮𝗹 𝗪𝗶𝘁𝗻𝗲𝘀𝘀 𝗦𝘁𝗮𝘁𝗲𝗺𝗲𝗻𝘁𝘀] On July 16, 2024, in the case of Tang Fook Wing v Tang Chun Kee & Others (HCA 1294/2014, [2024] HKCFI 1873), the Honourable Mr. Justice Kent Yee allowed an appeal and set aside an order granting the Plaintiff leave to file two supplemental witness statements. In so doing, Mr. Justice Yee reaffirmed the legal principles governing applications for leave to file additional supplemental witness statements. To know more about the implications of the decision, please read our latest article prepared by our Partner, Simon Wong, and our Associates, Pui Yee Cheryl Lo and Cherilyn Cheung. Follow ELLALAN for more updates and news.   #ELLALAN #Law #LegalUpdates #SupplementalWitnessStatement #FileEvidence

Chief Executive Professor Wiremu Doherty and distinguished professors Sir Hirini Moko Mead and Sir Pou Temara have all contributed to the creation of He Poutama, a professional development study tool for the judiciary. Commissioned by the Minister of Justice in 2021 and led by Hon Justice Christian Whata, the 300-page report looks at how tikanga relates to common law and state law, and how they all work together.  https://lnkd.in/g2sXTqYW

[LAW SERIES: DECEMBER] In December, the Consti Team shined a spotlight on the 1988 Judicial Crisis in Malaysia. It marked a critical moment in constitutional discourse. Diving into the intricate realm of government actions vs. judicial independence. The constitutional debate unfolds, revealing opposing views on preserving the judiciary and fears of impacting legislative reforms. Explore the depth of this critical issue in our Law Series. Read the issue here👇: https://lnkd.in/g8e7Gw89    The Law Series is a student-run online newsletter. Every month, the Consti Team writes on an array of issues, perceived through the lens of constitutional law, to raise public awareness and most importantly, constitutional literacy. #UMCT #ConstiLit

What's really happening in the West Philippine Sea? You've probably heard about the ongoing dispute between China and the Philippines over the West Philippine Sea (South China Sea). But do you know the facts and arguments behind this complex and critical issue? The West Philippine Sea is one of the most important geopolitical flashpoints in the world. It affects the security and stability of the region. It also involves the global order that is supposed to be governed by compromise and respect for the rule of law. But China is challenging this order by claiming almost the entire sea as its own territory. It is also building artificial islands, militarizing reefs, and harassing other claimants. It is ignoring the ruling of an international tribunal that invalidated its claims in 2016. So what is the basis of the Philippines' claim? How can it defend its rights and interests in the face of China's aggression? And what are the possible scenarios for the future of this vital waterway? If you want to learn more about this topic from an expert source, you need to watch this lecture by Ret. Justice Carpio on Tuesday, October 10. He was the major architect of the Philippines' successful arbitration case against China. He also helped amend the country's official territory based on the ruling. In this lecture, he explains the history, legalities, and implications of the West Philippine Sea issue. Don't miss this opportunity to get informed and educated on this crucial matter. China is posturing-- in South Japan (Senkaku Islands), Taiwan and the West Philippine Sea. The results of Russia's unjust annexation of Crimea in 2014 and unprovoked war in Ukraine last year will set a precedence. Can bullies take territory with impunity? Will China back down when Russia is defeated? Or will they take their chances? It seems to be the latter.

My dissertation-turned- journal is now available for public access on York Law Review Vol. 5! This piece came about when I was intrigued by Jeremy Waldron's arguments against the practice of judicial review in democratic countries. Since I was only familiar with arguments of supporting the notion of the judiciary being able to support democratisation of a state, I decided to critically process his arguments and contextualise it to the current state of affairs in Indonesia! Read it here: https://lnkd.in/g8uCfp7w

[LAW SERIES: MARCH] In Malaysia, the judicial appointment process intricately balances legal, political, and ethical dimensions, vital for a robust legal system. Mandated by the Constitution, the Judicial Appointments Commission meticulously evaluates candidates, ensuring excellence and integrity. It's a delicate dance of democracy and monarchy, shaping a judiciary committed to justice. Read the issue here👇: https://lnkd.in/gZW3eR3z The Law Series is a student-run online newsletter. Every month, the Consti Team writes on an array of issues, perceived through the lens of constitutional law, to raise public awareness and most importantly, constitutional literacy. #UMCT #ConstiLit

In the latest African Law Review, Sbusiso Dimba, penned a thought-provoking article on “Interrogating judicial recusal and the demands of due process in South Africa”. Read the full article here: https://lnkd.in/d4M3dxdj

My thoughts on the Qudratullah case of the Pakistan Supreme Court. My blog published in Lawists' Den highlights the critique of terming child rights as erga omnes. Do give a read at: https://lnkd.in/dnRMSUun

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