July 1, 2022

SMH

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

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 talking at the opening of the Golden Jubilee Celebration of the Faculty of Legislation, Universiti Malaysia, June 17, 2022. — Bernama pic

KUALA LUMPUR, June 17 — The judiciary is just defending its judicial functions by applying precedents to make a decision on constitutional troubles, Main Justice Tun Tengku Maimun Tuan Mat stated.

She explained there may well be some who assume that the judiciary was now much more effective than in advance of subsequent decisions on constitutional challenges of late. Tengku Maimun reported in doing their judicial responsibilities, judges in Malaysia are certain by current authorized rules.

“Regardless of no matter whether a choose applies these concepts or not does not necessarily mean that he or she is a ‘liberal’ or ‘conservative’. In my perspective, there are only lawfully coherent or incoherent choices — not liberal or conservative selections,” she stated.

Tengku Maimun mentioned this in her speech at the Golden Jubilee celebration of College Malaya’s (UM) College of Legislation listed here currently, which was also attended by Key Minister Datuk Seri Ismail Sabri Yaakob, previous chief justices Tun Arifin Zakaria and Tun Md Raus Sharif and Power and All-natural Resources Minister Datuk Seri Takiyuddin Hassan.

Citing various the latest precedent instances, like the Semenyih Jaya and Indira Gandhi circumstances in 2017 and 2018 respectively, Tengku Maimun claimed both equally ended up made a decision unanimously by five judges, in advance of she was appointed as a Federal Court docket judge.

“And then there is a third situation, the Alma Nudo Atenza scenario in 2019 which was also made a decision unanimously by nine Federal Court judges where the ideas of constitutional regulation made the decision in the Semenyih Jaya and Indira Gandhi scenarios ended up strengthened.

“The ideas that have been determined by means of the 3 situations above, which are normally referred to as the ‘trilogy of cases’ are in line with my understanding, which a lot more or considerably less was shaped from the classes I acquired in this school,” she mentioned.

Tengku Maimun also pressured the authorized concepts instilled in her for the duration of her 4 several years of study at UM’s Regulation College and also during her vocation.

“They contain the principle of judicial impartiality and as a decide, liberty to make decisions in accordance with the Federal Structure and the rule of law without the need of any internal or exterior pressure or influence.

“This is also in line with the oath of business and allegiance of a choose, which is to generally maintain, safeguard and defend the Malaysian Constitution,” she said.

Individually, Tengku Maimun also recalled her college times, which started in 1978, just before heading on to obtain her Bachelor of Guidelines in 1982.

Tengku Maimun explained again then, she learned numerous points, not only from a authorized point of look at but also the values and ideas of everyday living.

“I would like to take this possibility to categorical my appreciation and gratitude to all the lecturers who had given me a large amount of advice and shaped my comprehension of the legal guidelines these days,” she reported. — Bernama