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• Raja Nazrin calls for 'judicial renaissance'
• Regent of Perak Raja Nazrin Shah's address at the Conference of Malaysian Judges

©Bernama (Used by permission)

PUTRAJAYA, April 9 (Bernama) -- Raja Dr Nazrin Shah said the time was right to review the way judicial appointments and promotions were made.

The Regent of Perak said the many calls for a more transparent mechanism, one that was in line with other developed countries, should be given serious attention.

Addressing a conference of Malaysian judges here today, he noted that there was merit in the suggestion for the establishment of a judicial commission to make recommendations to the prime minister, who in turn, consults the Conference of Rulers.

"I am happy to note that in recent years, there has been a greater willingness on the part of the prime minister to consult the Conference of Rulers in a meaningful way.

"This is very much in keeping with the spirit of the Constitution and, I believe, leads to the building up of further confidence in the judiciary," he said.

Raja Nazrin said the present climate provided an excellent opportunity to press on with the needed changes, and the first step to be taken was to ensure that power was once again vested on the judiciary.

He said that the judiciary must be restored to the position that it had in the Constitution, from the time of Merdeka until 20 years ago and unless that was done, the doctrine of separation of powers which underscored Malaysian democracy would remain effectively muted.

"We should not seek to just recapture past glories but must strive for greater achievements. Before we can start to soar in the skies, however, we must have a firm footing on the ground.

"Here, I am persuaded by the many voices that have argued that the most basic first step we must take is to ensure that judicial power is once again vested in the judiciary.

"Until judicial power is reinvested in the judiciary in much the same that executive power is invested in the Yang di-Pertuan Agong and the Cabinet, and the legislative power in Parliament, it will be difficult to convince anyone, not our citizens and not the world community, that we are a nation governed by the rule of law," he said.

The Regent of Perak Raja Nazrin Shah accompanied by Chief Justice Datuk Abdul Hamid Mohamad (left) arrives for a conference of Malaysian judges in Putrajaya. Also seen is the Federal Court Judge Datuk Arifin Zakaria (second from left). Pix: Noraini Ahmad

Raja Nazrin said judicial review of administrative practices was an essential aspect of being a nation of laws, adding that with the positive mindsets now in place, the executive and legislature would continue to view the judiciary in a proper and balanced perspective.

"The judiciary, filled with men and women of great insight into the law will, I am confident, exercise its oversight to ensure that the exercise of power is not exceeded, that correct processes are adhered to and that outcomes are just," he said.

Raja Nazrin also said the courts have unfettered powers to interpret the Federal Constitution, to construe laws and to declare any law or administrative action that was inconsistent with the Constitution, to be void.

"We seem to have forgotten that the judiciary can be a powerful and constructive force in nation-building. For laws, once enacted, are sterile unless they are properly interpreted. The courts have the responsibility for ensuring precisely this," he said.

Raja Nazrin said preserving and protecting the Constitution required judicial courage and judges needed to display the necessary courage when interpreting the Constitution.

The Regent said that it was also the right time for the Federal Court to take a less restrictive approach in reviewing judicial decisions that manifestly involved miscarriage of justice.

He said there was no denying that some decisions of the apex court (Federal Court) in recent years have caused great concerns to the legal profession, businesses and the public at large.

"We should not allow these decisions to remain in our annals. I am aware that the principle of finality of decisions is vital in any judicial system. Litigants are entitled to arrange their affairs in the sure knowledge that there is an end to their litigation upon decision of the final appellate court. But justice must be the overriding objective," he said.

Raja Nazrin noted the recent revelations of improprieties in the judiciary have been extremely damaging, not least by eroding the public's image of, and confidence in, the system of justice in this country.

"We must be committed to working through our current problems and to emerge the stronger and better for them (the public). In order to do so, we must be prepared to deal with the facts as they are, and not as we would like them to be," he said.

"What makes the current low regard for the judiciary especially regrettable, is that it was once greatly admired. Judgements made in our courts used to be quoted across the Commonwealth. Our judges were held in high esteem for their wise and fair rulings," said Raja Nazrin.

He said reputations could only be maintained if the high standard adopted was consistently adhered to.

"This has not always been the case. In the last two decades, judicial independence and integrity have eroded. The result is a lack of confidence in the judicial system and the complete disregard for the law by some quarters.

"These are dark stains on our honour and reputations and they have the potential to weaken, if not destroy the nation," he said.

Raja Nazrin therefore, said Malaysia needed a "judicial renaissance".

Raja Nazrin said without the judicial renaissance, one of the three pillars which hold the nation would remain in a significantly weakened state and injustices would continue to perpetuate.

“Efforts at developing social cohesion and nation-building would be severely compromised,” he said, adding that a judicial renaissance was also necessary because it was one of the most important requirements for continued economic, scientific and technological progress.

Raja Nazrin said the courts must be thoroughly objective and uncompromising on constitutional questions, not only to uphold justice but also strenghten the process of nation-building and the integrity of the state.

He said it was absolutely critical for judges to be sensitive to the spirit that underlies the Constitution because it bestowed and protected the rights of all citizens and provided a basis for peace and harmony among them.

“Without it, we are in danger of heading down the path of sectarianism and victimisation,” he added.

The Regent also cited another reason for judicial renaissance.

“There is demand everywhere today for good governance. Unpacked, this means that the three pillars of government must not only be efficient but also highly responsive and accountable.”

He added: “If good governance is not forthcoming in one country, then the best and brightest, and investment, will move to where it is forthcoming.” Raja Nazrin warned that it would be wrong to think for one moment that Malaysians could achieve great things without a properly functioning judiciary.

“The most politically stable and economically successful countries are ones where the law matters a great deal and where the judiciary is highly respected.

“We must not be fooled into believing that to be monetarily rich, only practical expediency matters and that judicial integrity and independence do not. I say ’monetarily rich’ and not ’developed’ because there is a very big difference between the two. I do not believe it is possible to be developed without a highly-respected judiciary,” he said.

Raja Nazrin emphasised that it was also the right time to introduce mechanisms to facilitate the acquisition of knowledge by judges to meet the growing global challenges in specialised and new areas of the law such as internet and information technology, maritme and arbitration, as well as in the more traditional subjects like Constitutional Law and Human Rights.

“The importance of continuing legal and judicial training cannot be over-emphasised,” he added.

Raja Nazrin also said the rule of law, the independence of the judiciary and the separation of powers were features of the country’s judicial system that Malaysians must constantly and tirelessly struggle to uphold.

The Regent said Malaysians were at a critical time in the nation’s history, where the institutions of state and the foundations of democracy which have been built since independence, were under scrutiny.

He said the just-concluded 12th general elections had ushered in a host of changes, among others, the introduction of a greater degree of contestation in policy-making, legislation and administration than many would previously have thought possible.

Raja Nazrin said some of the changes might be transient and others could well be permanent, adding that whatever the case, the new political realities had proven to be and will continue to be, challenging.

“They send a clear message that we cannot continue on a course of 'business-as-usual' ,” he said.

“If the judiciary is filled with the highest calibre of men and women that this nation has to offer, not only in terms of ability but also values, there is nothing to fear.

“We must never fear truth, knowledge and wisdom. We should always fear their opposites. I therefore, urge you to press on. May the judicial renaissance grow and flourish under your careful hands and watchful eyes,” he said.

April 10, 2008 : Putrajaya The Regent of Perak, Raja Nazrin Shah delivering his keynote address at the judges' annual conference at a hotel in Putrajaya on Wednesday.

 April 10, 2008 : Putrajaya The Regent of Perak, Raja Nazrin Shah during a photo session with the judges after delivering a keynote address at the judges' annual conference at a hotel in Putrajaya on Wednesday.

 April 10, 2008 : Putrajaya Chief Justice Datuk Abdul Hamid Mohamad (left) accompanying the Regent of Perak, Raja Nazrin Shah to deliver a keynote address at the Judges' Annual Conference at a hotel in Putrajaya on Wednesday.

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