Judicial Power In The Judicial System In Malaysia

INTRODUCTION
The Federal Constitution provides for the exercise for the governmental power by the legislature and executive. It also provide for the establishment of the judiciary to exercise the judicial powers conferred on it by the Constitution and under federal law. In a liberal democratic system, the judiciary as the third branch of government plays an essential role in the balance of power. In the Malaysian context, apart from the traditional function of adjudicating civil matters and criminal prosecutions, it interpret the Federal and State Constitutions and pronounce on the legality or otherwise of any legislative or executive acts. In discharging the latter function, the judiciary often walks the political tightropes as the executive

In Malaysia, such tension was amply demonstrated in a strained relationship between the two branches in 1987 and 1988, and finally ending in the removal of the Lord President, then the highest judicial officer, and two Supreme Court judges. The Constitution divides the authority of the Federation into three, namely one, the executive authority (power to govern) two, the legislative authority (the power to make laws) and three, the judicial authority (the power to hear, and determine disputes and try to offences and punish offenders. To exercise the respective authority, three different organizational devices are available in the Constitution. The judicial power is exercise through a system of courts. Of the three separate branches of Government, the courts are supreme. They are supreme in the sense that they are independent of control by anybody. The Courts can pronounce on the legality or otherwise of executive acts of Government, Federal and State. They can pronounce on validity or otherwise of any law passed by Parliament and State Legislatures and finally they can interpret the meaning of any provision of the Constitution, Federal and State. In this assignment, I will explain further about the important of judiciary as well as to what extent actually judiciary is said to

Those who break the law can be arrested and brought to court to be judged as to whether the person is guilty or not. There are times when people can take action against the government including the legislator, the governing body and the executive, if they feel that these people have not abided by the law. So in such cases, it is for the judiciary to decide. The judiciary is a special body in our society which may not be criticized. In other countries they do criticized the judiciary, even the judgment made by the court. In fact, they write books against certain judgments and this is not considered as disrespecting the judiciary. But in Malaysia we find that if a judge says something, you are not supposed to criticize what he says. He’s sort of superior being whose pronouncement must be accepted without question. In a way this is good because at some stage somebody must pass judgment. If you keep on questioning the judgments, there’ll be no end to it. So the judiciary tries to cater for this by having two or three tiers of appeal to the next higher body and even then you can appeal again to the higher body and even then you can appeal again to the highest body of the judiciary, and up to the pardon board. So, the people should find that the judiciary functions very