No need for a constitutional court - law minister
There is no need for a Constitutional Court in Malaysia as the Federal Court can handle such cases, Minister in the Prime Minister's Department Liew Vui Keong said today.
According to Liew, the seven-judge bench of the Federal Court will handle issues related to the Federal Constitution should such cases arise.
“The proposed setting up of the Constitutional Court is to handle constitutional issues, but the existing (Federal Court) is equipped with judges who can handle constitutional issues.
“If there is a need, the judiciary can make a proposal to us (government),” he said after visiting the Perak branch of the Legal Aid Department.
Liew was responding to a suggestion by Gua Musang MP Tengku Razaleigh Hamzah for the establishment of a Constitutional Court.
Razaleigh had reportedly said the proposed court should be placed within the existing judicial system but focus solely on constitutional cases.
When asked about a report by a news portal on M Indira Gandhi and the whereabouts of her daughter Prasana Diksa – who was allegedly abducted by her ex-husband, Muhammad Riduan Abdullah – Liew said the matter had been resolved in court.
“Inspector-general of police Mohamad Fuzi Harun has to take the initiative because the court has made the ruling,” he added.
In January last year, the Federal Court in a landmark decision ruled that the unilateral conversion of Indira’s three children to Islam by Riduan was invalid, and granted her custody.
- Bernama
I beg to disagree with Liew Vui Kong. A constitutional court is the best approach to addressing constitutional issues. In Malaysia, Muslim lawyers and even judges, owing to their religious faith, often decide on constitutional matters based on their religious leanings. Remember the ex-CJ who so famously and naively said that a Muslim witness would not lie? In fact, based on many statements made and reported in public, many seasoned politicians and lawyers do not fully understand the scope and import of "the special position of Malays" as enshrined in the Constitution and instead, use that as carte blanche to claim special rights at every turn and occasion for the Malays and bumiputras, which totally defeats the original intention of that provision in the Constitution. Our neighbour, Indonesia, which has the largest Muslim population in the world, has very wisely set up a constitutional court a decade ago to deal with pressing constitutional issues. And they have succeeded admirably.
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