After a good 15 years, finally there is a definitive statement on the adoption of the Common Bar Course (CBC) and Common Bar Examination (CBE) in favour of the CLP Examination which is the current admission point for law students who have neither studied in a local university nor been called to the English Bar.
Is this step a progression or a regression?
It is my view that this represents a progression. That is only if done properly and in accordance with its stated objectives of overcoming the weaknesses inherent in the CLP e.g the overwhelming focus on memory work whereby students are tested in a 3 hour closed book examination and the CLP preparatory course which is heavily exam based as well as the exorbitant exam fees and the lack of transparency in the marking and grading process. The restructuring of the outmoded CLP course - which is severely lacking in practical aspects when compared to its English counterpart is welcomed and will help in preparing students for their pupillage later on.
From a more 'insular' perspective, as I was a product of a local university, I believe that the CBC can rid the profession of the perception that local law undergraduates are behind their overseas trained brethren. By the very fact of their sitting for and passing the CBE, local law undergraduates are given an opportunity that they are equally as capable.
What interests me most, however, is the potential for expansion and reform in the current syllabi adopted by Malaysian law faculties which has been given by this proposal.
The current two-pronged approach of preparing students with a firm grasp of theoretical legal principles and professional training has placed a strain on the faculties with one being emphasised at the expense of the other which ultimately results in lawyers which are not as well-rounded. We cannot have one without the other.
The upshot of this is at last we are seeing closer co-operation between practitioners and academia - the creaky CLP must make way for the sprightly, brand new CBE. And it is my sincere hope as well that this move will make apparent the relation and role both universities and the Bar play in creating lawyers who are dynamic, able in practice and have a firm grasp of the theoretical principles and philosophical underpinnings of the law.
The fact is that we need those in the ivory tower to give us a macro view of the law and to see how much further we can go from where we stand and we need the battle-worn soldiers down in the field to see the law as it is now i.e. a micro view of the law and to understand its actual mechanics.
6 comments:
hello i m a law student of one of the local unis here.the proposal for CBE is at its final stage as is reported in the utusan today.i m wondering when will this actually be implemented and the CBE made compulsary to the law students here?just a rough timeline in your opinion.thx
i think it will take some time (maybe 2 years) for the proposal to be implemented. the Bar Council has formed an ad-hoc committee to study the course content.
although utusan reported the proposal is in its final stages, the fact is that there are still many details to be worked out in relation to implementing it.
somehow theres a scent of a political move here.to maintain the standards of the legal industry by creating the CBE,and abolishing the CLP can really mean to please the non-bumiputras who mostly make up the group of students who study overseas and are subjected to take the clp.
hafiz, thank you for your comment.
i am not unaware that very often, there are political motivations behind many policies and actions taken by the government.
but i think that the positive aspects of the cbc and cbe proposal must be given due weight. also, not all overseas students come back to do the clp, some remain to complete the bar before returning to practise in Malaysia.
Pet, I am not familiar with the CBE, but I do agree that scholar in academic area and those who involve in actual working area should complement each other.
I believe that this is a general trend and need for every professions. Both the theoretical knowledge and practical skill are playing vital role in acquit ones well in his/her job.
i agree wholeheartedly with you, Smith.
However, i do notice a disturbing trend in which academicians are perceived in living in ivory towers, ignorant of the world's realities. the point i wish to put forward is this :- sometimes you need a person who is not caught up in the present, who has a wider perspective to see things as they should be. not just as they are.
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