ipl-logo

Judicial Appointments In Malaysia

1211 Words5 Pages

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

Show More
Related

  • The Supreme Court Larry Kramer Summary

    247 Words  | 1 Pages

    This statement from the passage shows that the Supreme Court is depended on to choose what’s right and what’s wrong for us. Secondly, I believe that the Supreme Court is given too much power because the Judicial branch, which includes the Supreme Court, is envisioned as superior than the others. In

    Read More

  • Pros And Cons Of Litmus Tests For Potential Appellate Judges

    787 Words  | 4 Pages

    With an influx of new judges who have been subjected to the questioning, there is a chance that this bipartisanship could

    Read More

  • Internal Affairs And Policies Of George Washington During The New Nation Period

    156 Words  | 1 Pages

    Also, the Judiciary act established the number of justices

    Read More

  • Dbq Essay On The Judicial Branch

    467 Words  | 2 Pages

    This means that they can’t really be bribed. Document B talks about this when it says, “The judiciary, on contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society;” This is saying that the Judicial Branch has no control over the money or power of the government. For this reason there is really no way for the Judicial Branch to be bribed. This makes their decisions based actually on what they think and not what other people want them to think.

    Read More

  • Explain The Strengths Of The Judicial Branch

    1067 Words  | 5 Pages

    Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.

    Read More

  • Confederation Vs Tyranny

    1091 Words  | 5 Pages

    “...the constant aim is to divide and arrange several offices in such a manner as that they may be a check on the other. ( The three branches) should not be so far separated as to have no constitutional control over each other. ”(Document C). What he is saying is basically what I explained before in that a constant aim is is to make multiple offices in which they balance out and have no complete control over each other. The Cconstitution shows that they continue to try and make separate offices that balance out each other.

    Read More

  • Term Limits In The Supreme Court

    339 Words  | 2 Pages

    The Supreme Court is an extremely important part of government. As such, we need healthy judges that are on top of their mental game. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. If we have newer judges they will have a different point of view. In the article, Christopher stated that “It would mean a court that more accurately refers the changes and judgements of the society.”

    Read More

  • Does The Supreme Court Have Too Much Power Essay

    589 Words  | 3 Pages

    Does the Supreme Court Have Too Much Power? Article Three, Section One of the Constitution states that “The judical power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish.”. Throughout the years, the Supreme Court has evolved significantly. According to the United States Courts, the Surpeme Court can range from having a low of 5 members to a high of 10 members, the Supreme Court plays an important role in the government today. Although the Supreme Court of Justice is at the head of the court system, the power of the Supreme Court has grown exponentially to a point where it could be considered more powerful than Congress and the power of

    Read More

  • Pros And Cons Of Judges Being Appointed

    167 Words  | 1 Pages

    The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

    Read More

  • The Pros And Cons Of Judicial Selection Methods

    462 Words  | 2 Pages

    In addition to judicial selection methods, at the federal level, the president and senate get to appoint seats to judges, in which they will have for life. In my opinion, I think this selection method is good to some extent because I trust that the president and senate have good judgment when it comes to picking judges that will be independent, fair, and accountable. At the state level, electing judges varies from state to state. In

    Read More

  • Supreme Court Justice Research Paper

    517 Words  | 3 Pages

    1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached.

    Read More

  • Us Constitution Preamble Essay

    447 Words  | 2 Pages

    The people who serve are called associate justices. There are 8 of them ,and one leader a total of 9! The leader is called the chief justices are approved by the president and the senate they serve for life .They can only lose their job by impeachment .There are 12 court of appeals , There are 2 important legal concepts. Amendments

    Read More

  • Essay On Judicial Selection

    801 Words  | 4 Pages

    Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

    Read More

  • Role Of Judiciary In Malaysia

    1103 Words  | 5 Pages

    The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. Our courts structure is divided into superior courts and subordinate courts. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A

    Read More

  • Importance Of Stare Decisis In Malaysia

    814 Words  | 4 Pages

    In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also

    Read More

More about Judicial Appointments In Malaysia

Open Document