Judicial Appointments In Malaysia

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As far as we all concerned, the Federal Constitution provides express provisions to secure the Judiciary’s independence, either from the control or interference by the Executive or the Legislature. First safeguard that have been highlighted by virtue to the Federal Constitution is regarding the method of appointment. As in most legal systems in Malaysia itself, appointments are in the hands of the Executive. Its decisions are deeply informed by judicial advice and consensus, as well as constitutional and diplomatic considerations. The Conference of Rulers and the Yang di-Pertuan Agong (YDPA) play just a little practical involvement in these decisions. Judicial appointments are discussed by the Conference, but YDPA acts on advice. Therefore,…show more content…
These means that packing the courts with ‘politically correct’ Judges of its own persuasion is attempted by the Constitution in order to ensure that the executive cannot foresee, or secure the overruling of, uncomfortable precedents. Since it is possible for judicial independence to be undermined by such packing, the Constitution specifies the number of Judges to be appointed by each court. As been stated in A.122(1), it specifies the composition of the Federal Court whereby only the Chief Justice and the other Judges of the Federal Court, who appointed under Part IX may sit. Plus, the number of Federal Court Judges is limited to seven. However, a Judge of the Court of Appeal may be by the Chief Justice to sit as a Judge of the Federal Court where he considers that the interests of justice so require. Besides that, the YDPA may order the prescribed number of Federal Court Judges to be altered so that packing of the court by the Government is possible, as for in theory. These goes similarly as under A.122A, only the Chief Judges and Judges qualified and appointed under part IX may sit in the High Courts. The membership of such court is appearently restricted to 47 in the case of High Court in Malaya, and ten in the case of High Court of Sabah and Sarawak. However, the YDPA may appointed Judicial Commissioners by virtue of advice given by the Chief Justice for a limited period or limited purposes, ‘for the dispatch of business’ in the High Courts. In addition, the substantial use is made of Judicial Commissioners in view of the increasingly heavy case-load, especially in the High Court in Malaya, and many of these are afterwards being appointed as

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