Amid grumbles over constitutional matters, chief justice says judiciary merely defending its functions by using precedents

Carol E. Corker


Chief Justice Tun Tengku Maimun Tuan Mat speaking at the opening of the Golden Jubilee Celebration of the Faculty of Law, Universiti Malaysia, June 17, 2022. — Bernama pic

Chief Justice Tun Tengku Maimun Tuan Mat speaking at the opening of the Golden Jubilee Celebration of the College of Law, Universiti Malaysia, June 17, 2022. — Bernama pic

Friday, 17 Jun 2022 9:56 PM MYT

KUALA LUMPUR, June 17 — The judiciary is basically defending its judicial functions by working with precedents to come to a decision on constitutional concerns, Chief Justice Tun Tengku Maimun Tuan Mat reported.

She claimed there may be some who feel that the judiciary was now extra highly effective than ahead of adhering to decisions on constitutional troubles of late. Tengku Maimun mentioned in carrying out their judicial obligations, judges in Malaysia are bound by existing authorized principles.

“Regardless of whether or not a decide applies these concepts or not does not signify that he or she is a ‘liberal’ or ‘conservative’. In my watch, there are only lawfully coherent or incoherent conclusions — not liberal or conservative decisions,” she claimed.

Tengku Maimun mentioned this in her speech at the Golden Jubilee celebration of College Malaya’s (UM) Faculty of Legislation here right now, which was also attended by Prime Minister Datuk Seri Ismail Sabri Yaakob, former main justices Tun Arifin Zakaria and Tun Md Raus Sharif and Strength and All-natural Assets Minister Datuk Seri Takiyuddin Hassan.

Citing quite a few new precedent circumstances, which includes the Semenyih Jaya and Indira Gandhi circumstances in 2017 and 2018 respectively, Tengku Maimun reported equally ended up resolved unanimously by five judges, before she was appointed as a Federal Court choose.

“And then there is a 3rd case, the Alma Nudo Atenza circumstance in 2019 which was also made a decision unanimously by 9 Federal Court judges wherever the principles of constitutional regulation made the decision in the Semenyih Jaya and Indira Gandhi circumstances have been strengthened.

“The concepts that have been made the decision by way of the a few situations over, which are normally referred to as the ‘trilogy of cases’ are in line with my comprehending, which extra or fewer was fashioned from the lessons I gained in this faculty,” she claimed.

Tengku Maimun also stressed the lawful principles instilled in her in the course of her four many years of examine at UM’s Legislation College and also through her vocation.

“They include the basic principle of judicial impartiality and as a choose, independence to make selections in accordance with the Federal Structure and the rule of regulation devoid of any inner or external strain or impact.

“This is also in line with the oath of business office and allegiance of a decide, which is to constantly maintain, protect and protect the Malaysian Structure,” she mentioned.

Independently, Tengku Maimun also recalled her college times, which started in 1978, right before heading on to receive her Bachelor of Regulations in 1982.

Tengku Maimun claimed back again then, she uncovered quite a few factors, not only from a legal point of view but also the values and ideas of existence.

“I would like to take this prospect to categorical my appreciation and gratitude to all the lecturers who had offered me a great deal of steering and shaped my being familiar with of the legislation these days,” she mentioned. — Bernama


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