oday that the judiciary has failed in its duty to defend Malaysian rights. Since the executive branch is elected by the majority, and as such it represents the rights of the majority, the judicial branch has the duty to protect the rights of the Malaysians overall.
"It is the judiciary which must fulfill this task,”
If the question was asked on whether the judiciary has performed its duty, the answer would be an “emphatic no!".
This was because the judiciary has become so "executive-minded" that the judges have become creatures of the government.
"The judiciary is so anxious to help the executive... And when you bend the law to help the executive, this results in ridiculous decisions,"
Some of the examples of the courts reversing decisions through the Federal Court to accommodate the wishes of the federal government.
Such interference by the executive was clearly a breach of the doctrine of separation of powers.
The powers to convict and sentence are exclusive to the judiciary and this role should not be usurped by the executive.
1988 judicial crisis
But more worryingly, it is that this failure to protect the rights of the Malaysians especially the minorities bodes more future ill for Malaysia for the judiciary also holds another higher duty.
"It is up to the judiciary to preserve our constitution,"
"And when and if it fails in that function, then the state has failed,"
If the question was asked on whether the judiciary has performed its duty, the answer would be an “emphatic no!".
This was because the judiciary has become so "executive-minded" that the judges have become creatures of the government.
"The judiciary is so anxious to help the executive... And when you bend the law to help the executive, this results in ridiculous decisions,"
Some of the examples of the courts reversing decisions through the Federal Court to accommodate the wishes of the federal government.
Such interference by the executive was clearly a breach of the doctrine of separation of powers.
The powers to convict and sentence are exclusive to the judiciary and this role should not be usurped by the executive.
1988 judicial crisis
But more worryingly, it is that this failure to protect the rights of the Malaysians especially the minorities bodes more future ill for Malaysia for the judiciary also holds another higher duty.
"It is up to the judiciary to preserve our constitution,"
"And when and if it fails in that function, then the state has failed,"
The failure of Malaysia as a state may indeed be imminent given the deteriorating condition of the judiciary since the 1988 crisis, which saw the sacking of a number of Malaysia's top judges.
No comments:
Post a Comment