1. Means “friend of the Court” In Nkgsb Cooperative Bank Limited vs Subir Chakravarty (Civil Appeal No. 1637/2022), the Supreme Court of India made reference to Black’s Law Dictionary’s definition of “amicus curiae”: “amicus curiae. [Latin “friend of the court”] (17C) Someone who is not a party to a lawsuit but who petitions the court […] The post 6 Things About Amicus Curiae appeared first on Joshua Wu Kai-Ming ..read more

1. Has several aspects In Public Prosecutor v Karpal Singh [2002] 2 MLJ 657, Augustine Paul J (later FCJ) made the following observation: “The concept of open justice has two aspects; firstly, with regard to proceedings in the court itself it requires that they should be held in open court to which the press and […] The post 5 Things About Open Justice appeared first on Joshua Wu Kai-Ming ..read more

On 9th February 2024, the majority of the Federal Court in Nik Elin Zurina binti Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan [Federal Court Petition No. BKA-2-05/2022(D)] [“Nik Elin”] held that the following provisions in Kelantan’s Syariah Criminal Code (1) Enactment 2019 are void: “… Sections 11, 14, 16, 17, 31, 34, 36, […] The post The Significance of Nik Elin’s Case for Constitutional Challenges of Syariah Criminal Provisions appeared first on Joshua Wu Kai-Ming ..read more

Article 4(1) of the Federal Constitution, which provides the following, empowers the courts to strike down provisions which are inconsistent with the Federal Constitution:[1] “This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void” […] The post Unconstitutional Provisions Struck Down in 2022 & 2023 appeared first on Joshua Wu Kai-Ming ..read more

1. Is recognised in Malaysian jurisprudence In Kam Thai Eng Linda & Anor v Tan Sri Dato’ Kam Woon Wah & Ors [2023] 1 MLJ 765 (“Kam Thai Eng Linda”), the Court of Appeal was of the view that: : “… the principle of judicial estoppel is recognised in our shores as enunciated by this […] The post 5 Things About Judicial Estoppel appeared first on Joshua Wu Kai-Ming ..read more

The doctrine of stare decisis, or judicial precedent, is a “fundamental rule of the common law”[1] which applies within Malaysian jurisprudence.[2] With regard to the application of the doctrine, it is not disputed that courts are bound by the decisions of superior courts.[3] A question arises whether, as a general rule, the Federal Court (which […] The post Is The Federal Court Bound By Its Previous Decisions? appeared first on Joshua Wu Kai-Ming ..read more

Datuk Seri Saifuddin Nasution bin Ismail, the Minister of Home Affairs (“Minister”), was recently quoted as having said that: “The granting of Malaysian citizenship to non-citizen individuals is the exclusive right of the government, which is not offered and given arbitrarily.”[1] Earlier this year, the Minister repeated a similar line in Parliament when he said: […] The post Citizenship: An Exclusive Right of the Federal Government? appeared first on Joshua Wu Kai-Ming ..read more

1. Recognised as a fundamental human right In Chin Jhin Thien & Anor v Chin Huat Yean @ Chin Chun Yean & Anor [2020] 4 MLJ 581, a case involving secret trusts, the Federal Court held the following: “The concept of secret trust is consistent with the fundamental human right of privacy.”[1] (Emphasis mine) Rhodzariah […] The post 4 Things About The Right To Privacy appeared first on Joshua Wu Kai-Ming ..read more

Yekambaran s/o Marimuthu v Malayawata Steel Bhd [1993] MLJU 96 (“Yekambaran”) is an oft quoted decision by Edgar Joseph Jr SCJ on the test to be applied in an application for discovery. Yekmbaran is actually a case whereby Edgar Joseph Jr (despite being a Supreme Court judge then) sat in a High Court judge’s capacity […] The post Yekambaran: A High Court Decision Wrongly Quoted As A Supreme Court Decision appeared first on Joshua Wu Kai-Ming ..read more

Article 42 of the Federal Constitution, amongst others, governs the power of the Yang di-Pertuan Agong (“YDPA”) to grant pardons, reprieves and respites in respect of offences committed (collectively referred to as “Power of Pardon”). An issue which has arisen time and time again is whether the Power of Pardon is exercisable by the YDPA […] The post The YDPA’s Power of Pardon: Discretionary or Bound By Advice? appeared first on Joshua Wu Kai-Ming ..read more