Wednesday, March 20, 2019

It's rule of law, not rule by law - CJ reminds judges



Chief Justice Richard Malanjum reminded his peers that the basic foundation of the Federal Constitution is the rule of law, and not rule by law.
He described keeping this in mind all the time as the biggest challenge for judges.
“It is quite sad to hear sometimes, colleagues saying 'that is the law, just follow it' without realising that that piece of legislation might be contradictory to the spirit of the rule of law,” he added.
Malanjum stressed that when judges read the constitution, they must always remember that the country's highest piece of legislation is premised on the rule of law.
“That is how we keep democracy alive in this country,” he said at the launch (below) of constitutional law expert Shad Saleem Faruqi's new book titled "Our Constitution" at Universiti Malaya today.
Last month, Court of Appeal Judge Hamid Sultan Abu Backer made shocking allegations of judicial misconduct in an affidavit, which prompted the government to announce the formation of a Royal Commission of Inquiry (RCI) to look into the claims.
Meanwhile, Malanjum also said a new programme called “Courtroom to Classroom” (C2C) would be launched by the end of this month or in April.
The programme, he added, aims to educate youths about justice and the judiciary system of Malaysia.
He complained that many youths do not know to properly treat the Malaysian flag Jalur Gemilang and there are those who do not even know what the Rukun Negara is.
He said the C2C programme aims to change this and raise awareness among youths on such matters.
Malanjum, who will hit the constitutional age limit of 66 years and six months for judges in early April, also declined to comment about his retirement.
“That is the one million dollar question,” he replied when quizzed on this. - Mkini

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