KUALA LUMPUR: The judiciary is merely defending its judicial capabilities by utilizing precedents to determine on constitutional points, says Chief Justice Tun Tengku Maimun Tuan Mat.
She mentioned there could also be some who suppose that the judiciary was now extra highly effective than earlier than following selections on constitutional problems with late.
Tengku Maimun mentioned in performing their judicial duties, judges in Malaysia are bound by present authorized rules.
“Regardless of whether or not a choose applies these rules or not doesn’t imply that she or he is a ‘liberal’ or ‘conservative’. In my view, there are solely legally coherent or incoherent selections – not liberal or conservative selections,” she mentioned.
Tengku Maimun mentioned this in her speech on the Golden Jubilee celebration of University Malaya’s (UM) Faculty of Law right here Friday (June 17).
Also current had been Prime Minister Datuk Seri Ismail Sabri Yaakob, former chief justices Tun Arifin Zakaria and Tun Md Raus Sharif and Energy and Natural Resources Minister Datuk Seri Takiyuddin Hassan.
Citing a number of current precedents, together with the Semenyih Jaya and Indira Gandhi instances in 2017 and 2018 respectively, Tengku Maimun mentioned each had been determined unanimously by 5 judges, earlier than she was appointed as a Federal Court choose.
“And then there’s a third case, the Alma Nudo Atenza case in 2019 which was additionally determined unanimously by 9 Federal Court judges the place the rules of constitutional legislation determined in the Semenyih Jaya and Indira Gandhi instances had been strengthened.
“The rules which were determined by the three instances above, that are also known as the ‘trilogy of instances’ are in line with my understanding, which roughly was shaped from the teachings I gained in this school,” she mentioned.
Tengku Maimun additionally mentioned the authorized rules had been instilled in her throughout her 4 years of examine at UM’s Law Faculty and all through her profession.
“They embody the precept of judicial impartiality and as a choose, freedom to make selections in accordance with the Federal Constitution and the rule of legislation with none inside or exterior strain or affect.
“This can be in line with the oath of workplace and allegiance of a choose, which is to all the time protect, shield and defend the Malaysian Constitution,” she mentioned.
Separately, Tengku Maimun additionally recalled her school days, which started in 1978, earlier than going on to obtain her Bachelor of Laws in 1982.
Tengku Maimun mentioned again then, she realized many issues, not solely from a authorized standpoint but in addition the values and rules of life.
“I want to take this chance to specific my appreciation and gratitude to all of the lecturers who had given me lots of steering and formed my understanding of the legal guidelines right now,” she mentioned. – Bernama
