Waning public confidence in judiciary spells peril, warns Sultan
The erosion of public confidence in the judiciary's independence would ultimately lead to instability and remedying it would be a protracted and arduous task, warned the Sultan of Perak today.
The erosion of public confidence in the judiciary's independence would ultimately lead to instability and remedying it would be a protracted and arduous task, warned the Sultan of Perak today.
"Besides the perception of the local community of the judiciary, the view of the international community is also an influence in determining the image of the judiciary of a certain country.
"Now, no country can stand alone and remain immune from being assessed by interested parties, lobby groups and the international media," said Sultan Azlan Shah, according to a Bernama report..
The Ruler said this in his speech at the opening of the Sultan Azlan Shah Multaqa and Seminar on 'Independence in the Islamic and Non-Islamic Judicial System' in Ipoh. The text of his speech was read out by the Raja Muda.
The Sultan, who was once Lord President, stressed that judicial independence was an essential factor to ensure justice.
He said that the law would not be effective in dispensing justice unless its implementation mechanisms were based on procedures that were fair and transparent and administered by judges who were qualified, independent and of high integrity.
"Any shortcomings in the functions of the judiciary will tilt the scale of justice as the judiciary has always been regarded as the true guardian of justice," he added.
Separation of powers
The ruler said to prevent domination, the doctrine of the separation of powers had been enshrined in the constitution.
This, he added, required the legislature, executive and the judiciary to function as a check and balance mechanism to ensure the well-being of the people and a government administration which fully subscribes to legal principles.
"If the spirit of the constitution continues to be respected, then we can uphold the supremacy of the law and justice will be done," he said.
Over the years, the country's judiciary has been tainted with allegations of being bias and accused of bowing to the will of the government.
The trials of jailed ex-deputy premier Anwar Ibrahim also cast aspersions on its integrity, with some quarters labelling the court proceedings as a 'sham'.
The recent promotion of judges, namely those involved in the ex-deputy premier's trials, also raised many eyebrows.
Syariah AG
Meanwhile, Institute of Islamic Understanding Malaysia (Ikim) chairperson Ahmad Sarji Abdul Hamid told the seminar that the institute, set up in 1992, had been focusing on Islamic legal issues and had, among others, proposed the setting up of a syariah attorney-general's post.
He said the syariah attorney-general could play an advisory role to the state and federal governments.
He could also review the existing Islamic law as well as coordinate the common law practised in the country with Islamic law besides serving as the chief prosecutor, Ahmad Sarji said.
The seminar was attended by participants from Germany, Australia, Uzbekistan, Brunei, Pakistan, Sudan, France and Indonesia.


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