Law Academy will create synergy for law reform: don
The proposed Law Academy will play an essential role as an "umbrella body" to bring together practising lawyers, legal officers, academicians and judges, an academic welcoming the idea said today.
"At the moment, the legal profession is too compartmentalised, so such an institution will be vital to the exchange of information which is necessary for the law to be progressive," Prof Dr Shad Saleem Faruqi of Universiti Teknologi Mara told malaysiakini today.
He was commenting on de facto Law Minister Dr Rais Yatim's statement in the New Straits Times today, which said the Academy will be set up by the end of the year, with mandatory membership for all government legal officers and lawyers.
It was also reported that academics in public universities would be given automatic membership, and that judges, although not compelled, may join as fellows of the Academy.
Shad said this synergy between legal practitioners and academicians would be that requisite "intellectual activity" for dynamic law reform in the country.
"Lawyers are better than lecturers at the practice of law, and the theoretical reform of the law is the speciality of the academics. By putting these heads together, we can push forward the frontiers of law in the country," said the professor, who is also assistant vice-chancellor (special functions and law) at UiTM.
The same would also apply for judges as they need to grow more sensitive to global legal issues such as Intellectual Property and Public International Law, and the Academy would be an appropriate avenue to gain and share this knowledge, he added.
When asked if the government should focus more on the "entry level" reforms for budding lawyers, rather than focusing on the lawyers already in the system, Shad said that the Academy could also play a vital role here.
"They [Law Academy] should fill in the all the gaps in the system, including reforming the current legal qualification exam which is quite defective," added Shad.
Overlap
However, he acknowledged the possibility of an "overlap" with the existing legal bodies namely the Malaysian Bar, and the likelihood that some of the Bar's functions may be usurped by the Academy.
"It will then be necessary to take active measures to prevent the duplication of responsibilities and possible conflicts which may arise in that aspect," he said.
The professor also expressed sentiments that if the Academy was to end up as merely another social club, there would be "no need for it".
A senate will preside over the Law Academy, with the chief justice acting as president. There will also be representatives from the Bar Council and a dean of a law faculty.
The Academy will not have any enforcement or disciplinary powers.

