Recently i have been thinking about the interference of the executive in the judicial system in Malaysia. Firstly it can be clearly seen in the appiontment and the removal of judges.
According to Article 122B of the Federal Constitution, judges hall be appointed by the Yang DiPertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers. As for the removal of a judge, the procedure is given in Article 125(3) and 125(5) of the Federal Constitution. Here we can see the interference of the Excecutive, in the form of the Prime Minister.
Now, what has been bothering me is, why is the Prime Minister included in the appointment and removal of a judge? Malaysia is exercising the concept of separation of power, which means there should not be any interference of power of one body or another. Whereas in this case, it's very clear that the executive is interfering in the judicial system.
Also the judicial power have been eroded, via Article 121 of the Federal Constitution after the 1988 judicial crisis, which involved the executive. While im not going against what's written in the Federal Constitution, i do feel that the executive have had it all their way and the judiciary have been on the loing side.
Well it's not in my rights to question the constitution, but im merely stating my disappointments of what has happened to the judicial power in malaysia. Though, i do hope there will be changes in time to come in order to restore the power of the judicial system in Malaysia.
Tuesday, August 25, 2009
time for a change?
Posted by awesome EFL set lima. at Tuesday, August 25, 2009
Labels: shandra
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