Judges bound by precedents in deciding on constitutional issues, says Chief Justice

KUALA LUMPUR: The judiciary is basically defending its judicial capabilities by working with precedents to decide on constitutional concerns, says Main Justice Tun Tengku Maimun Tuan Mat.

She said there could be some who imagine that the judiciary was now extra effective than in advance of pursuing selections on constitutional challenges of late.

Tengku Maimun explained in executing their judicial duties, judges in Malaysia are certain by present authorized principles.

“Regardless of whether or not a judge applies these concepts or not does not imply that he or she is a ‘liberal’ or ‘conservative’. In my view, there are only lawfully coherent or incoherent decisions – not liberal or conservative selections,” she mentioned.

Tengku Maimun mentioned this in her speech at the Golden Jubilee celebration of University Malaya’s (UM) Faculty of Regulation below Friday (June 17).

Also present had been Key Minister Datuk Seri Ismail Sabri Yaakob, previous main justices Tun Arifin Zakaria and Tun Md Raus Sharif and Vitality and Natural Sources Minister Datuk Seri Takiyuddin Hassan.

Citing various the latest precedents, including the Semenyih Jaya and Indira Gandhi conditions in 2017 and 2018 respectively, Tengku Maimun stated both had been made a decision unanimously by 5 judges, before she was appointed as a Federal Court docket decide.

“And then there is a third case, the Alma Nudo Atenza situation in 2019 which was also made a decision unanimously by 9 Federal Court judges in which the rules of constitutional legislation decided in the Semenyih Jaya and Indira Gandhi cases have been strengthened.

“The rules that have been determined via the a few cases above, which are frequently referred to as the ‘trilogy of cases’ are in line with my knowing, which additional or significantly less was formed from the lessons I acquired in this faculty,” she said.

Tengku Maimun also reported the legal ideas were instilled in her during her four decades of analyze at UM’s Law Faculty and through her occupation.

“They contain the theory of judicial impartiality and as a choose, freedom to make selections in accordance with the Federal Constitution and the rule of regulation without any inside or external force or impact.

“This is also in line with the oath of business and allegiance of a choose, which is to always maintain, secure and defend the Malaysian Structure,” she claimed.

Independently, Tengku Maimun also recalled her faculty times, which began in 1978, ahead of heading on to receive her Bachelor of Guidelines in 1982.

Tengku Maimun claimed again then, she realized a lot of items, not only from a lawful stage of view but also the values and principles of lifetime.

“I would like to take this prospect to specific my appreciation and gratitude to all the lecturers who experienced offered me a ton of steerage and formed my knowledge of the regulations these days,” she mentioned. – Bernama