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

ByTommie C. Curtis

Jun 20, 2022 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

KUALA LUMPUR: The judiciary is basically defending its judicial features by employing precedents to make your mind up on constitutional problems, claims Main Justice Tun Tengku Maimun Tuan Mat.

She explained there may possibly be some who consider that the judiciary was now more powerful than just before subsequent selections on constitutional problems of late.

Tengku Maimun said in performing their judicial responsibilities, judges in Malaysia are certain by existing authorized principles.

“Regardless of whether or not a decide applies these ideas or not does not signify that he or she is a ‘liberal’ or ‘conservative’. In my look at, there are only legally coherent or incoherent choices – not liberal or conservative selections,” she said.

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

Also current have been Primary Minister Datuk Seri Ismail Sabri Yaakob, former main justices Tun Arifin Zakaria and Tun Md Raus Sharif and Strength and Organic Methods Minister Datuk Seri Takiyuddin Hassan.

Citing numerous modern precedents, which includes the Semenyih Jaya and Indira Gandhi cases in 2017 and 2018 respectively, Tengku Maimun explained equally were being resolved unanimously by 5 judges, prior to she was appointed as a Federal Court decide.

“And then there is a 3rd scenario, the Alma Nudo Atenza scenario in 2019 which was also made a decision unanimously by nine Federal Court judges in which the principles of constitutional law made a decision in the Semenyih Jaya and Indira Gandhi circumstances had been strengthened.

“The ideas that have been determined by the 3 scenarios above, which are normally referred to as the ‘trilogy of cases’ are in line with my comprehending, which additional or significantly less was shaped from the classes I received in this faculty,” she explained.

Tengku Maimun also said the authorized rules were instilled in her through her four a long time of review at UM’s Law School and in the course of her vocation.

“They incorporate the theory of judicial impartiality and as a choose, freedom to make choices in accordance with the Federal Constitution and the rule of legislation without having any inside or exterior pressure or impact.

“This is also in line with the oath of office environment and allegiance of a judge, which is to constantly preserve, secure and defend the Malaysian Constitution,” she reported.

Separately, Tengku Maimun also recalled her school days, which began in 1978, just before heading on to get her Bachelor of Regulations in 1982.

Tengku Maimun claimed back then, she figured out a lot of things, not only from a lawful stage of view but also the values and principles of lifestyle.

“I would like to just take this chance to convey my appreciation and gratitude to all the lecturers who experienced presented me a lot of advice and shaped my knowledge of the legislation right now,” she stated. – Bernama