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Lex Loquens

"The law is the rule, but it is mute. The king judgeth by his judges, and they are the speaking law, lex loquens." - Co. Litt. 130a.

While Sir Edward Coke's assertion that the judge est lex loquens may not lend itself to universal application (after all, there are judges and there are judges), the lex continues to loquor in one form or another, and we live in the age of the internet where, as incredible as it may sound, Wikipedia has been cited as an authority for a proposition of constitutional law by the Federal Court of Malaysia: see Public Prosecutor v Kok Wah Kuan [2008] 1 MLJ 1 at [14].

Be that as it may, it is hoped that the legal updates and articles found in this section may be of some interest or help to the reader, albeit with the usual disclaimer that the views expressed in these articles do not constitute and should not under any circumstances be relied upon as legal advice, and certainly should not be cited in courts of law.


The Law of Restitution and Unjust Enrichment in MalaysiaThe Law of Restitution and Unjust Enrichment in Malaysia
26 May 2015

First dedicated textbook on the Malaysian law of restitution and unjust enrichment authored by Weng.

Absence of Basis: Challenges for the Malaysian Law of Unjust EnrichmentAbsence of Basis: Challenges for the Malaysian Law of Unjust Enrichment
9 March 2015

Federal Court adopts Civilian "absence of basis" approach to determine whether enrichment "unjust".

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