Importance Of Judicial Independence In Malaysia

Analyze the above quotation with reference to the role and duties of a Judge in an adversarial system as practiced in Malaysia.

It is well emphasized that judiciary independence is the cornerstone of a democratic country. Before we delve further into the subject matter of the topic, the question of importance of judiciary independence of our country merits some discussion. The fourth line of our National Philosophy embodies the notion of rule of law while according to Art 4(1) of Federal Constitution, the constitution is the supreme law of the Federation and any law which is inconsistent with the constitution, shall be void to the extent of inconsistency. This connotes that our country is based on a constitutional monarch, where the authority to rule lays within the law, instead of according to whim and fancies of any ruler. It is crucial for the judiciary as the third limb of government in to remain its impartiality in performing its judicial function. As part of the system of check and balance, judicial independence is crucial in order to preserve individual liberty and governmental integrity. As stated by Dr Wilson,

There the individual may assert his rights; there the government must accept definition of its authority. There the individual may challenge the legality of governmental action and have it judged by the test of fundamental principles, and that test the government must abide; there the government can check the too aggressive self-assertion of the individual