SUBMISSION
SUBMISSION
CENTRE FOR RESEARCH
IN LAW AND DEVELOPMENT IN ASIA
2020
.png)
Marini Arumugam, Tamara Joan Duraisingam & Lai Mun Onn
Abstract
Education is one of the most empowering rights to set a person up for success throughout his or her life. Studies have revealed that early childhood education is a very important aspect of developmental growth that leads to a marked increase in qualifications and earnings. However, neither domestic nor international law focuses on the right to early childhood education. This research analyses the various international and domestic laws in relation to the right to early childhood education and its potential of being recognised as a stand-alone right within domestic and international systems of law.
Keywords: education, early childhood
Ambikai S Thuraisingam & Sivashanker V Kanagasabapathy
Abstract
This is a conceptual paper to analyse the patient-centred decision-making approach adopted in healthcare in Malaysia. This study reviews literature on the history of patient-centeredness and the requirement of shared decision-making and its consequences in healthcare practice. It aims to evaluate the crucial elements of shared decision-making particularly the factors that affect the voluntariness and informed consent in medical practice. This paper reviews the existing literature surrounding the phenomenon of shared decision-making for medical treatment in the healthcare, particularly giving importance to the patients’ views and how it plays a role in shared decision-making. This study provides an overview of the perplexing concept of shared decision-making and the various concerns that have surrounded the topic leading to its recognition. Hence in Malaysia, there is no specific law that governs the provisions for shared decision-making approach in the healthcare practice. This study aims to explore the Malaysian Medical Council Guideline on Consent for Treatment of Patients by Registered Medical Practitioner (MMC Guideline on Consent) and the current Malaysian laws to determine whether they are sufficient to address the element of informed consent requirement in shared decision. Finally, lack of empirical evidence is recognised in this paper and several suggestions are made for future research and recommendations for the enactment of new provisions pertaining to medical treatment.
Keywords: patient-centred approach, shared decision-making, informed consent
Nakeeran Kumar s/o Kanthavel & Tamara Joan Duraisingam
Abstract
The rule of law is one of the key constitutional law concepts that one would have to appreciate in great depth within the study of constitutional law. There is however a varied approach to defining Rule of Law. Different systems of law may view the concept differently. Within a single system of law, the views of one constitutional player may differ to another. In view of the gap in terms of disparity of understanding that exists, this study attempts to scientifically analyse the term through a thematic analysis of case law in Malaysia in order to extract the emerging theme from the cases. This method of analysis is a purely clinical method without recourse to ratio or facts of cases. An understanding of the chronological development of an emerging theme from case law may be useful in demonstrating a trajectory that other institutions may appreciate and apply within their own administrative decision making, leading to a more consistent application of the rule within intra-state institutions.
Keywords: rule of law, basic structure doctrine
TRACING DERIVATIVE ACTION: APPLICATION OF THE FOSS v HARBOTTLE RULE IN MALAYSIA
Liew Hong Wei
Abstract
The Foss v Harbottle rule is under Common Law. In light of the Companies Act 2016, this article traces the development of the common law principles and discusses the possible current application of the said principles in conjunction with the Companies Act 2016. This article subsequently evaluates the sufficiency of the current jurisprudence in Malaysia.
Keywords: Minority shareholders, lifting the corporate veil, Foss v Harbottle, Companies Act 2016, derivative action, corporate governance
Abstract
The overwhelming majority of corporate killing cases in Malaysia have attracted no criminal justice attention. Are corporations free to kill? Unrestricted corporate power generates immeasurable social damage. What can be done to curtail the reckless, negligent, and immoral practices by these corporations? While legislative and regulatory mechanisms currently exist, they are simply insufficient and ill-fitting. This paper focuses on criminal liability for manslaughter arising out of work-related deaths caused by corporations, referred to as corporate killing. Specifically examining fatal accident cases in the Malaysian construction industry, the author seeks to assess the possible application of corporate killing in Malaysia. Ultimately, this paper argues that Malaysia should incorporate corporate killing legislation to pave the way for more accurate, effective, and fair prosecutions of corporations for their acts of killing.
Keywords: Corporate Killing - OSHA 1994 - Corporate Criminal Liability - Workplace Deaths - Construction Industry.