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 principle 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 writings herein may be of some interest to the reader, albeit with the usual disclaimer that the views expressed 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.


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