July 5, 2022

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Through Education Matters

Amid grumbles over constitutional matters, chief justice says judiciary merely defending its functions by using precedents

Chief Justice Tun Tengku Maimun Tuan Mat speaking at the opening of the Golden Jubilee Celebration of the Faculty of Law, Universiti Malaysia, June 17, 2022. — Bernama pic

Chief Justice Tun Tengku Maimun Tuan Mat talking at the opening of the Golden Jubilee Celebration of the College of Law, Universiti Malaysia, June 17, 2022. — Bernama pic

Friday, 17 Jun 2022 9:56 PM MYT

KUALA LUMPUR, June 17 — The judiciary is just defending its judicial features by applying precedents to decide on constitutional troubles, Main Justice Tun Tengku Maimun Tuan Mat reported.

She mentioned there may well be some who feel that the judiciary was now a lot more effective than ahead of pursuing conclusions on constitutional challenges of late. Tengku Maimun stated in performing their judicial obligations, judges in Malaysia are bound by present authorized rules.

“Regardless of whether or not a decide applies these concepts or not does not necessarily mean that he or she is a ‘liberal’ or ‘conservative’. In my perspective, there are only lawfully coherent or incoherent decisions — not liberal or conservative conclusions,” she reported.

Tengku Maimun stated this in her speech at the Golden Jubilee celebration of College Malaya’s (UM) School of Legislation below nowadays, which was also attended by Prime Minister Datuk Seri Ismail Sabri Yaakob, previous chief justices Tun Arifin Zakaria and Tun Md Raus Sharif and Energy and Normal Sources Minister Datuk Seri Takiyuddin Hassan.

Citing many new precedent instances, together with the Semenyih Jaya and Indira Gandhi circumstances in 2017 and 2018 respectively, Tengku Maimun reported both have been made a decision unanimously by 5 judges, just before she was appointed as a Federal Court judge.

“And then there is a 3rd circumstance, the Alma Nudo Atenza circumstance in 2019 which was also decided unanimously by nine Federal Court docket judges the place the ideas of constitutional legislation determined in the Semenyih Jaya and Indira Gandhi situations were being strengthened.

“The principles that have been made the decision as a result of the 3 conditions above, which are normally referred to as the ‘trilogy of cases’ are in line with my understanding, which far more or less was shaped from the classes I obtained in this college,” she stated.

Tengku Maimun also pressured the lawful rules instilled in her during her 4 years of review at UM’s Regulation Faculty and also in the course of her vocation.

“They contain the basic principle of judicial impartiality and as a decide, flexibility to make decisions in accordance with the Federal Constitution and the rule of legislation with no any inner or external tension or affect.

“This is also in line with the oath of business office and allegiance of a decide, which is to always maintain, safeguard and protect the Malaysian Constitution,” she mentioned.

Individually, Tengku Maimun also recalled her college days, which began in 1978, prior to going on to get her Bachelor of Regulations in 1982.

Tengku Maimun stated back again then, she figured out several matters, not only from a lawful position of check out but also the values and ideas of lifetime.

“I would like to acquire this possibility to categorical my appreciation and gratitude to all the lecturers who experienced given me a whole lot of steerage and shaped my knowing of the guidelines now,” she explained. — Bernama