The courts do not always rule in favour of the government in judicial review cases, says Chief Justice Arifin Zakaria.

 

He revealed that 1,046 of such cases were filed between 2012 and August 2014.

 

"It is far from truth to say that the decisions of the courts are in favour of the government of the day.

 

"This is clear if you care to examine the decisions in a number of judicial review cases," Arifin said in his speech at the launching of the International Malaysia Law Conference today.

 

However, the top judicial officer of the country did not give figures on how many cases filed between the two years were not ruled in favour of the government.

 

Judicial review cases are cases filed to challenge the decision of the authorities on a particular matter.

 

Justice Arifin used the recent Court of Appeal judgment in the case of Seri Setia assemblyperson Nik Nazmi Nik Ahmad's ( right ) challenge to Section 9 (5) of the Peaceful Assembly Act 2012 as an example, where the court found the section to be inconsistent with Article 10 (2) of the Federal Constitution.

 

He said it was clear that the courts continued to retain their powers of judicial review of primary legislation, which in itself makes it clear that their powers have not been abrogated or eroded by the amendments in Article 121 (1A), following the setting up of the syariah court.

 

In 1988, the Federal Constitution was amended to include Article 121 (1A) to set up the syariah court.

 

Checks and balances

Despite the amendment, Justice Arifin said, the people could continue to file judicial review applications, both on the administrative action and to challenge the validity of primary legislation.

 

“This is important because the power of judicial review also arises from the inherent power of the court, apart from the statutory provisions. It exists even if not conferred by statute.”

 

“It is implicit in the doctrine of separation of powers and comprises a part of the theory of checks and balances, which are integral to parliamentary democracies,” Justice Arifin said.

 

He also underlined the importance of the role of lawyers in today's society, saying their services were vital to the well-being of the community.

 

In view of this, he said, lawyers who entered into the profession must be diligent, methodical, systematic, and committed to the law.

 

Justice Arifin further proposed the need for a mechanism to ensure that basic standards are met.

 

“I am also of the view that the common Bar examination should jointly be conducted by the universities themselves, with greater input from the Bar. This is a matter that needs to be explored further by all concerned,” he said.

 

Also present at the conference were Court of Appeal President Justice Md Raus Sharif and Malaysian Bar president Christopher Leong.