THE RULE OF LAW

According to Joseph Raz ,an element of the rule of law is the independence of judiciary system is must be guaranteed.

What happen in Malaysia?

There is must be a separation of power between the government organization .But the fact is the doctrine is not absolutely exercised in our country. Based on the Article 122B-the judge appointment is based on the Prime Minister advice.

ARTICLE122B(1),The Lord President of the Supreme Court, and chief justices of the High
Courts and (subject to Article 122C) the other judges of the Supreme Court and of
the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the
advice of the Prime Minister, after consulting the Conference of Rulers


This was proven after the dissmisal of Tun Salleh Abas in 1988

ARTICLE125(3),If the Prime Minister, or the Lord President after consulting the Prime
Minister, represents to the Yang di- Pertuan Agong that a judge of the Supreme
Court oath to be removed on the ground of misbehaviour or of inability, from
infirmity of body or mind or of any cause, properly to discharge the functions of
his office, the Yang di- Pertaun Agong shall appoint a tribunal in accordance with
Clause (4) and refer the representation to it; and may on the recommendation of
the tribunal remove the judge from office.

After the Judicial Appointment Commision Act (JAC) was legislated the result is remain the same thing.There are still some influence of the executive in the judiciary.

SECTION21. (1) The functions of the Commission are—
(a) to select suitably qualified persons who merit appointment
as judges of the superior court for the Prime Minister’s
consideration;

Is that mechanism is just a political cosmetic?

I regarded that the federal constitution must be amended to liberate the judiciary from the influence of the exercutive,and make the judiary morte powerful than the other government bodies.

Anyway,that point of view surrounding my head when I were in high school.Now,I start to think what if the judiciary is too powerful?for sure there will be another problem,especialy coruption among the judges."No matter how good is the system,if the hand who handle the system is not a good hand,the result is still the same"thats what my teacher said.Now I realize that the impotant thing is not the system,but the human itself.

Now I learn something from these.We might could have a good constitution with a good administration system,but if the ruling party is an unresponsible ruler,the system is still inefficient system.