Perspectives on Public Law: Essays on Fundamental Rights

Description

The intersection of law and society is one of the most profound and dynamic areas of study, and within it, public law stands as a pillar that governs the relationship between individuals and the state.

“Perspectives on Public Law: Essays on Fundamental Rights” seeks to explore this crucial domain by examining the evolving landscape of human rights, the role of the state in protecting these rights and the broader implications for governance and justice.

The essays in this book offer diverse perspectives on the key issues shaping public law today. From the conceptual foundations of fundamental rights to the practical challenges in their implementation, the contributions reflect a blend of theoretical inquiry and real-world application.

These essays were written by pupils of the firm in the course of their pupilage as the aim was to nurture in them, an interest and empathy for public law. They were guided by the firm’s Consultant and retired Court of Appeal Judge, Dato’ Seri Mohd Hishamudin Yunus.

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Contents: 
– Foreword by D.Y.M.M. Yang Di-Pertuan Besar Negeri Sembilan Darul Khusus
– Foreword by The Chief Justice of Malaysia
– Foreword by The Former Chief Justice of Malaysia
– Preface
– Introduction
– About Dato’ Seri Mohd Hishamudin
– Table of Cases
– Table of Statutes

PART 1 Children & Women Rights
– A Discourse on the Plight of Illegitimate Children in Malaysia [2024] 2 MLJ
– CEDAW: Implementation of Women’s Rights in Malaysia [2023] LR 490
– Citizenship and the Stateless Newborn Child: The Case of CCH & Another v. Registrar General of Births and Deaths, Malaysia [2023] 1 LNS (A)
– Polygamous Marriage, Illegitimacy and The Law [2023] 1 LNS (A)

PART 2 Election
– Election Manifestos – Enforceable Promises or Mere Rhetorics? [2023] 1 LNS (A)

PART 3 Freedom of Expression
– Freedom of Speech in Schools: Creating Thinkers or Rebels? [2022] 3 MLJ
– Gender Identity and Expression Issues and Suggestions on Further Protections for the Transgender People [2022] 1 LNS

PART 4 Freedom of Information
– A Case on Judicial Review: Malaysian Trade Union Congress & Ors v Menteri Tenaga, Air dan Komunikasi & Anor [2023] LR 1

PART 5 Judiciary & Legal System
– Judicial Review: Bringing The Rule of Law to Life [2024] 1 MLJ
– Quorum Failure and the Doctrine De Facto [2024] 4 MLJ
– Judicial Misconduct: Does the Public Have a Say? [2023] LR 516
– The Malaysian Legal System – Chronicles of the Dual Justice System [2023] 1 MLJ
– Majlis Angkatan Tentera Malaysia & Anor v. Mejar Fadzil Arshad [2012] 4 CLJ 748
– The Armed Forces And Natural Justice [2023] 1 LNS (A)
– Dato’ V Kanagalingam v. David Samuels & Ors – Revisited [2023] 1 LNS (A)
– Inherent Jurisdiction of Court of Appeal [2022] 1 LNS (A)

PART 6 Personal Liberty
– Right to Personal Liberty [2022] 1 LNS (A)

PART 7 Right To Education
– The Right to Education: Equality, Law and The Constitution [2024] CLJU (A)

PART 8 Right To Property
– Constitutional Right to Property: Revisiting Abdul Aziz Ginan bin Mohamed Ginan [2023] LR 145.

PART 9 Miscellaneous
– Piercing the Corporate Veil: Beyond Ong Leong Chiou & Anor v. Keller (M) Sdn Bhd & Ors [2025] CLJU
– Development of Patent Law Post the Court of Appeal’s Judgment in Cadware Sdn Bhd v. Ronic Corporation [2024] CLJU (A)
– Recent Developments on the Law of Medical Negligence in Malaysia [2024] CLJU (A)

Index

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About the Authors:

Dato’ Seri Mohd Hishamudin Yunus is a retired Judge of the Court of Appeal, Malaysia with 23 years of experience on the bench.

Presently, Dato’ Seri Hishamudin is a Consultant with the law firm, Rosli Dahlan Saravana Partnership (RDS). He is also an arbitrator accredited with the Asian International Arbitration Centre (AIAC), where he is a fellow.