3C-4 Independence and Strengthening of the Judiciary

By: G25 Malaysia

Organisation/ Individual: G25 Malaysia

Policy Code: 3c Judiciary Reform

Problem Statement and Current Policy:

The independence of the judiciary has suffered accelerating erosion over the past few decades since the dismissal of the Lord President Tun Salleh Abas in 1988. The legal framework on judicial independence and on the clear separation of powers between the Executive and the Judiciary must be restored. So also the erosion of the quality of judgeship, in particular, the role of the judges as defenders of the Federal Constitution.

Value(s) and Belief:

Poor governance has opened the flood gates for endemic corruption at high levels of government and government-linked business entities. This shameful culture has been eroding both the efficiency and efficacy of the public sector and businesses, promotes the improper allocation of resources and raises the cost of doing business. Malaysia must restore public confidence in good governance practices so that citizens and investors are confident that laws, regulations, procedures and processes will be implemented with appropriate checks and balances. The fundamentals of good governance are set in the independence and separation of powers of the judiciary, the Parliament and the Executive.

Proposal of Solution and Call for Action:

Restore legal frame work on the clear separation of powers. Amend Art. 121 Clause (1) of the FC and restore the original provision that vested the judicial power of the Federation in the High Courts of Malaya and Borneo.

Additional information:

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