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by Anis Ibrahim  Raja Dr Nazrin Shah accompanied by Chief Justice Datuk Abdul Hamid Mohamad at the Conference of Malaysian Judges in Putrajaya yesterday. - NST picture by David Khoo 'THE time is right to review the way judicial appointments and promotions are
made... The present climate provides an excellent opportunity to press on with
the needed changes and the first step must be to ensure that power is once again
vested in the judiciary... The judiciary must be restored to the position it had
in the Constitution, from the time of Merdeka until 20 years ago. Unless that is
done, the doctrine of separation of powers, which underscores Malaysian
democracy, will remain effectively muted... The recent general election ushered
in a host of changes and new political realities. It sent a clear message that
we cannot continue on a course of ‘business-as-usual’... MALAYSIA NEEDS A
JUDICIAL RENAISSANCE...’
PUTRAJAYA: The time is right to review the way judicial
appointments and promotions are made, the Regent of Perak Raja Dr Nazrin Shah
said.
Pressing for a "judicial renaissance", he said the calls for a more transparent
mechanism, one in line with other developed countries, should be given serious
attention.
"Malaysia needs nothing short of what I would call a judicial renaissance.
"Without it, one of the pillars holding up this nation will remain in a
significantly weakened state," he said in his address at the three-day annual
Conference of Malaysian Judges yesterday.
In the absence of judicial reform, injustices would continue to perpetuate and
efforts at developing social cohesion and nation-building would be severely
compromised, Raja Nazrin said.
"The most basic first step we must take is to ensure that judicial power is once
again vested in the judiciary.
"The judiciary must be restored to the position it had in the Constitution from
the time of Merdeka until 20 years ago.
"Until then, the doctrine of the separation of powers, which underscores our
democracy, will remain effectively muted."
Raja Nazrin said judicial review of the administrative practices was an
essential aspect of being a nation with laws.
"Until judicial power is revested in the judiciary the same way executive power
is vested in the Yang di-Pertuan Agong and the cabinet and legislative power in
parliament, it would be difficult to convince anyone that we are a nation
governed by the rule of law.
"The most politically stable and economically successful countries are those
where the law matters a great deal and where the judiciary is highly respected."
Raja Nazrin, whose father the Sultan of Perak Sultan Azlan Shah had often spoken
up on judicial independence, said a more transparent mechanism for judicial
appointments should be given serious attention.
"There is merit in the suggestion for a judicial commission that will make
recommendations to the prime minister who, in turn, consults the Conference of
Rulers."
The present environment, Raja Nazrin added, provided an excellent opportunity to
introduce "much-needed changes".
"I am confident the judiciary, filled with men and women of great insight into
the law, will exercise its oversight to ensure that the exercise of power is not
exceeded, that correct processes are adhered to and that outcomes are just."
Raja Nazrin outlined six features of a judicial renaissance:
- A revesting of judicial power in the judiciary;
- The elevation or promotion of only judges of the highest integrity and
intellect;
- The establishment of a judicial commission on the appointment and promotion of
judges;
- A less restrictive approach by the Federal Court in its review of judicial
decisions which manifestly involve miscarriages of justice;
- The inclusion of mechanisms to facilitate the acquisition of knowledge by
judges in new areas such as Internet and information technology, maritime and
arbitration and traditional subjects like constitutional law and human rights;
and
- The establishment of a commercial court with specially trained judges.
Raja Nazrin described judges as "the real soul" of any legal system.
"Efforts to compromise legal principles and undermine judicial independence and
authority are virtually universal, there is a perpetual contest between the
political executive and the courts anywhere.
"Our efforts cannot, therefore, be partial and half-hearted. No matter how great
the legal institutions we build, once we stop maintaining them, the surrounding
jungle of abuse will start to reclaim them.
"If the judiciary is filled with the highest calibre of men and women that this
nation has to offer, there is nothing to fear. We must never fear truth,
knowledge and wisdom. We should always fear their opposites."
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Circular No 304/2008
