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ARTICLES, CASE REVIEWS
& OPINIONS SUBMISSIONS
Alfred Eng Shu Heng (alfred.mlsn@gmail.com) | Claire Chew Hui Min (claireityy.mlsn@gmail.com)
The Department of Article Writing, Opinion and Case Reviews takes on the task to explore captivating issues by inviting the general public to submit their ideas through Article Writing in the attempt to tackle the problems the AWOC Department has thrown at them. This is one of MLSN’s key initiatives where we look forward towards an influx of new ideas where personnel within the legal fraternity would put down their thoughts on paper to debate, discuss and tackle controversial issues. The AWOC Department opens its submission monthly to the general public where the topics in question will vary.
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ARTICLES
At the time of writing, the COVID-19 situation in Malaysia has far surpassed the 800K and 5k marks with regards to the total figures of the actively infected and the deceased respectively. These frightening figures perfectly demonstrate the gravity of the situation, which demands urgent attention and precedence for.....
Modern Politics has undeniably been diluted by social media content. Many Politicians have looked towards Social Media platforms, notably Instagram and Facebook for extra coverage. Facebook has seen legal probing from the Senate in the States. Inquiries were made regarding the potential....
There are an increasing number of suicide attempt cases in Malaysia due to the recent extension of the Full Movement Control Order (FMCO), based on the Straits Times news, in the first five months of 2021, police registered 468 suicides, compared to 631 in 2020 and 609 in 2019. Family issues, mental stress, and.....
Contempt of court can be defined as an intentional disregard of the court’s authority. Citizen journalism is a kind of journalistic activity practiced by individuals with no professional training, by way of collecting, analysing, reporting and circulating the news and information. In terms of citizen journalism....
Statistics show that minimum wage has a minimal effect on inflation despite arguments that it might increase the inflation rate in the economy. The author sides with the argument for a hypothetical increase of minimum wage under such persuasion. Minimum wage exists in various sectors. The tendency to use employees.....
The meaning of the word ‘charge’, as given in Wharton’s law Lexicon, is ‘to prefer an accusation against one.’ To, ‘charge’ a person thus means to ‘accuse’ him; the person charged is known as the ‘accused person’ or simply as the ‘accused’. For the original charge, the court is required...
Domestic violence basically refers to aggressive violent behavior between spouse or ex-spouse under the same roof. However, the public should also be aware that domestic violence may extend to aggressive violence against victim’s child, an...
Although I make an on the nose reference to piercing the corporate veil, legal tech can appear as a convoluted buzzword to mean any type of technology in the legal industry, which is untrue. In this article, I hope to explain the fundamentals of legal tech, why legal tech is being used, and what we might expect legal tech to do in the future...
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In this case, six appellants were detained under S.19A(1) of the Prevention of Crime Act 1959 (“POCA”) by the Chairman/Deputy Chairman of the Prevention of Crime Board (“Board”), for two years. Their application for a writ of habeas corpus was dismissed and they appealed against the decision. S.15B of POCA (“S.15B”) excludes judicial review, inter alia, in respect of a writ of habeas corpus. The appellants contend that S.15B which purport to oust the judicial...
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The practice of defection is not unique to Malaysian politics. All political parties in the past and present have suffered defection at both state level and national level. When Prime Minister Datuk Seri Ismail Sabri Yaakob came into power, he had pledged to table a bill to curtail party hopping as one of the current administration's reform agendas. Adopting anti-party hopping law or anti-defection law has been a direct response for a majority of democracies to...
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"We didn’t vote for her, we voted for her party!, 'this is unconstitutional', 'what is the significance of my vote", these are the constant remarks and cries of constituents when an individual of an elected party hops from one party to another or withdraws or has been dismissed. These cries arise due to the working of Malaysian elections whereby a constituent does not vote for the represented individual per say but rather the party he/she represents as evident in the...
Her arm?”, “She fell down the stairs? Again?”, “Did you notice the marks around his neck?”, “It’s none of our business.” Sounds familiar? We’ve spent too long whispering. It’s about time we stop biting our tongues and start speaking up about this taboo. Throughout the...
The acronym of “LGBTQIA” which stands for Lesbian, Gay, Bisexual, Transgender, Queer, Intersex and Asexual, is a coalition or group of people who do not conform to the traditional gender and sexual norms...
LGBT is an acronym for Lesbian, Gay, Bisexual, and Transgender, where the former 3 are the sexual orientations, and the latter "T" is the gender identity of an individual. According to the Preamble of The Yogyakarta Principles, 'sexual orientation' is referred to as an individual's "emotional, affectional, and sexual attraction to…individuals of a different gender or the same gender or more than one gender"
Crossing the floor/boundary, waka-jumping, political frog leaping, and defecting are all terms and phrases used worldwide to convey the action of party-hopping synonymously. It denotes the process by which a Member of Parliament (MP) turns their back on the political party of their initial allegiance to join an alternative party. Inevitably, this action causes a ripple effect that impacts not only the manner of governance and...
Party-hopping is not a new political phenomenon in Malaysia. It causes the malfunction of the democracy of our country by depreciating the value of democratic votes. People's voices are not respected, nor does it contribute to the formation of a stable government. Under the current Malaysian electoral system, three circumstances could be considered party-hopping, regardless of whether it occurs at the federal or state levels. First, when an elected nonpartisan politician joins...
Family is the foundation of society. It all starts with a union of two loved ones in a marriage. Every couple would remember the vows said to each other during marriage, how they would be there for each other through thick and thin and till death do them apart. However, some promises...
The South China Morning Post reported 91 year old Mr. Lim saying “I wanted to go home. When I stayed with my son and his wife, I only got scoldings, complaints. I am old, I forget many things, but they will always be upset even if it is a small thing. Once they left me at home and disappeared for three days. Later I found out they went on a holiday. Nobody told me...
What exactly constitutes 'party-hopping'? This question is the first hurdle in drafting an effective anti-hopping law. Does it include only the over-simplistic notion of crossing from one party to another? What if an MP quits the party he contested under and becomes independent? Bearing in mind the local political context, what if MP crossed, say, from PKR to DAP, where both are component parties of a political...
“Some men change their party for the sake of their principles; others their principles for the sake of their party.” Though former British Prime Minister (PM) Winston Churchill quotes disloyalty to a party as righteous, it may not be true in each and every context. Party hopping, floor crossing, carpet crossing, or even waka jumping are all terms used to describe the switching of political parties by lawmakers after securing a spot in the Legislature. Critics...
Despite no longer being in office, Donald Trump continues to make headlines, with his new business, the Trump Media and Technology Group, and plans to go public via a Special Purpose Acquisition Company (SPAC), albeit in the US. In line with the Financial Conduct Authority’s recent developments regulating SPACs, I hope to explain what SPACs are, what effect the regulations have, and how the FCA’s regulations will impact the United Kingdom...
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