Malaysia Plagued By Legal Incompetence . . .

Malaysia Plagued By Legal Incompetence . . .

BFD (Basic Features Doctrine) being disregarded shows lack of skills for law practice and lack of skills for court room work!

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Commentary And Analysis . . . Dear YB Kulasegaran, I remember reading the Kulasegaran story about growing up in the estate, having no IC, and finally passing out in England with LLB.

The Indira Gandhi case was great day for the rule of law in Malaysia. The BFD (Basic Features Doctrine) permeates the Federal Constitution. Yet, in contradiction in terms, former Prime Minister Datuk Seri Najib Tun Razak sits in jail, since 23 August 2022, as political prisoner denied house arrest.

The issue in Malaysia, based on Chief Justice (CJ) Tun Richard Malanjum’s Farewell Address in 2019 and the Memoirs, “My Story: Justice in the Wilderness”, by Attorney General (AG) Tan Sri Tommy Thomas remains the lack of skills for law practice and the lack of skills for court room work.

Hence, Malaysia may be plagued by legal incompetence.

The Articleship Programme for Barrister at Law was about skills for law practice and skills for court room work.

The Bar Council, Sabah Law Society and Advocates Association of Sarawak can conduct evening classes for articled clerks with legal chambers and prepare the final examination. The classes can run for between six months and 18 months.

The LLB, the law schools have cautioned forever, does not impart skills for law practice and skills for court room work.

The LLB, being academic programmes, can at best be used only for teaching law.

The CLP remains needless memory exercise in case law. AI can do better in legal research. It’s instant and free.

https://www.gkg.legal/can-a-court-of-law-change-the-language-of-a-written-constitution/

The Constitution came first in English.

If there's inconsistency in law between the English version and translation, the former prevails in law.

Agong cannot declare that the national language version (translation) prevails in law over the English version (original). That would be violation of the Basic Features Doctrine (BFD) which permeates the Federal Constitution.

It would be revolution, viz. tearing up the Constitution, if the BFD was disregarded.

In that case, there should be new Constitution.

Revolution was unlawful.

In any case, the national language under Article 152 in the form of the 20K word Bahasa Melayu (Johor Rhio Lingga version), has been overtaken by the 40K Bahasa Malaysia.

Bahasa Malaysia was label for group of loan words from Bahasa Melayu, local languages and dialects and English.

Bahasa Melayu was label for group of loan words from Khmer, Tamil, Sanskrit and Pali. There's no English in Bahasa Melayu. There might be loan words from other local languages and dialects. rgds

Joseph

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