logo
Got read the Chief Justice's speech or not? — Hafiz Hassan

Got read the Chief Justice's speech or not? — Hafiz Hassan

Malay Mail24-04-2025

APRIL 24 — I read Philip TN Koh's 'The (mis)reading of the Right Honourable Chief Justice of Malaysia's speech at the 24th Commonwealth Conference'.
Then I read Chief Justice Tun Tengku Maimun Tuan Mat's speech entitled 'Judicial Independence and Parliamentary Sovereignty — a Colossi of Roads?' — again.
I must agree with senior lawyer Philip TN Koh, who is also Adjunct Professor, Universiti Malaya, that the Chief Justice did not advocate 'a form of juristocracy, i.e. the judiciary being an unelected body embarking on a road to establishing judicial supremacy over elected officers that represents the sovereign will of the people.'
Neither did the Chief Justice make 'such an assertion nor was there discernible any desire to promote her own virtues or character.'
The speech has been available on the Malaysian Bar website since April 9. Kudos to the Bar for publishing the speech. Read it here.
Chief Justice of Malaysia Tun Tengku Maimun Tuan Mat attends the Opening of the Legal Year 2024 at Putrajaya International Convention Centre January 15, 2024. — Picture by Shafwan Zaidon
Concluding her speech, the Chief Justice said as follows:
'In closing, it is essential to reaffirm that the Malaysian system is founded not on parliamentary sovereignty, but on constitutional supremacy. At all times, the Federal Constitution stands as the highest authority, establishing the framework within which all branches of government — the Legislature, the Executive and the Judiciary — must operate. No single branch is supreme in its own right; rather, each derives its legitimacy and powers from the Federal Constitution itself.
'Within this framework, the unequivocal role of the Judiciary is to uphold the supremacy of the Federal Constitution by ensuring that parliamentary and executive power remain within their constitutional limits. This duty demands that judges adjudicate cases with absolute independence, impartiality and integrity, without yielding to fear or favour. They must stand resolute in the face of adversity, undeterred by criticism or external pressures. Judicial independence is not an end in itself but a paramount means to ensure that the Rule of Law prevails within the constitutional framework.
'At the same time, a constructive and balanced relationship between the Judiciary and the other branches of government is essential to preserving judicial independence while respecting the democratic mandate of Parliament. This relationship is not a contest for supremacy but a partnership in governance — one founded not just on mutual respect but on a clear understanding of our respective constitutional roles. While our functions remain distinct, both institutions ultimately serve the same fundamental purpose of safeguarding constitutional democracy and protecting the fundamental rights of citizens.'
Clearly, the Chief Justice has called for 'a constructive and balanced relationship' between the Judiciary and the other branches of government, and not just the executive.
She acknowledges that the relationship is 'not a contest for supremacy but a partnership in governance — one founded not just on mutual respect but on a clear understanding of [their] respective constitutional roles.'
Did the critics misread, or did they not read, the speech?
To put it in Manglish, got read or not?
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Malaysia, UAE enhance cooperation in talent mobility, workforce upskilling and AI readiness
Malaysia, UAE enhance cooperation in talent mobility, workforce upskilling and AI readiness

The Sun

time7 hours ago

  • The Sun

Malaysia, UAE enhance cooperation in talent mobility, workforce upskilling and AI readiness

PUTRAJAYA: Malaysia and the United Arab Emirates (UAE) have agreed to enhance bilateral cooperation in areas of talent mobility, workforce upskilling, and artificial intelligence (AI) readiness in response to the rapid evolution of global technology and labour markets. The Ministry of Human Resources (KESUMA) said the agreement was reached during an official meeting between Malaysia's Minister of Human Resources Steven Sim Chee Keong and UAE Minister of Human Resources and Emiratisation, Dr Abdulrahman Abdulmannan Al Awar, in Dubai. 'This meeting marks a pivotal step in strengthening future-oriented strategies and partnerships focused on digital labour policies, labour migration, and education transformation,' the ministry said in a statement today. It said the UAE, currently ranked third in the world for AI talent readiness, also shared insights on its successful integration of AI across key sectors such as finance, biotechnology, and public services. 'The UAE minister also emphasised the need for agile education systems and adaptable workforces to address the impact of AI on both manual labour and professional sectors,' it said. KESUMA said Malaysia acknowledged the UAE's leadership in this area and reaffirmed its commitment to preparing its workforce for the AI era. The ministry also highlighted the 2024 TalentCorp study on the Impact of AI, Digitalisation, and the Green Economy on Employment, which identified 10 high-risk sectors likely to face job displacement or transformation. 'This study now serves as the foundation for Malaysia's national strategy on workforce reskilling and upskilling to ensure readiness for a rapidly evolving job landscape,' the ministry said. As a gesture of international collaboration, the UAE has invited Sim to attend the Abu Dhabi Dialogue in February 2026, which will focus on ethical migration, workers' rights, and cross-border policy alignment. Malaysia and the UAE have enjoyed diplomatic relations since 1983, built on shared values and strong economic cooperation. The UAE is Malaysia's second-largest trading partner in the Middle East and hosts a significant Malaysian expatriate community, 13 per cent of whom hold the UAE Golden Visa.

Malaysia, UAE Boost Ties on AI Talent and Workforce Skills
Malaysia, UAE Boost Ties on AI Talent and Workforce Skills

The Sun

time7 hours ago

  • The Sun

Malaysia, UAE Boost Ties on AI Talent and Workforce Skills

PUTRAJAYA: Malaysia and the United Arab Emirates (UAE) have agreed to enhance bilateral cooperation in areas of talent mobility, workforce upskilling, and artificial intelligence (AI) readiness in response to the rapid evolution of global technology and labour markets. The Ministry of Human Resources (KESUMA) said the agreement was reached during an official meeting between Malaysia's Minister of Human Resources Steven Sim Chee Keong and UAE Minister of Human Resources and Emiratisation, Dr Abdulrahman Abdulmannan Al Awar, in Dubai. 'This meeting marks a pivotal step in strengthening future-oriented strategies and partnerships focused on digital labour policies, labour migration, and education transformation,' the ministry said in a statement today. It said the UAE, currently ranked third in the world for AI talent readiness, also shared insights on its successful integration of AI across key sectors such as finance, biotechnology, and public services. 'The UAE minister also emphasised the need for agile education systems and adaptable workforces to address the impact of AI on both manual labour and professional sectors,' it said. KESUMA said Malaysia acknowledged the UAE's leadership in this area and reaffirmed its commitment to preparing its workforce for the AI era. The ministry also highlighted the 2024 TalentCorp study on the Impact of AI, Digitalisation, and the Green Economy on Employment, which identified 10 high-risk sectors likely to face job displacement or transformation. 'This study now serves as the foundation for Malaysia's national strategy on workforce reskilling and upskilling to ensure readiness for a rapidly evolving job landscape,' the ministry said. As a gesture of international collaboration, the UAE has invited Sim to attend the Abu Dhabi Dialogue in February 2026, which will focus on ethical migration, workers' rights, and cross-border policy alignment. Malaysia and the UAE have enjoyed diplomatic relations since 1983, built on shared values and strong economic cooperation. The UAE is Malaysia's second-largest trading partner in the Middle East and hosts a significant Malaysian expatriate community, 13 per cent of whom hold the UAE Golden Visa.

[UPDATED] Anwar files application to stay civil suit proceedings
[UPDATED] Anwar files application to stay civil suit proceedings

New Straits Times

time7 hours ago

  • New Straits Times

[UPDATED] Anwar files application to stay civil suit proceedings

KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has filed an application to stay trial proceedings in connection with a sexual assault suit filed against him in 2021 by former research officer, Muhammed Yusoff Rawther. Anwar's lawyer, Datuk Seri Rajasegaran Krishnan, confirmed the filing to the New Straits Times. "We filed the stay application last night. Case management will be held online this afternoon, during which a hearing date will be fixed," he said. This came after High Court judge Roz Mawar Rozain dismissed Anwar's bid to refer eight constitutional questions to the Federal Court, which included whether he possessed immunity from a civil suit filed by Yusoff. Roz Mawar had also rejected Anwar's application to stay trial proceedings in the sexual assault suit, which she will preside over beginning June 16. The suit was filed before Anwar's appointment as prime minister on Nov 24, 2022. One of the main grounds in Anwar's stay application was that the High Court decision relied on two cases which had already been overruled by the Federal Court. It also said the judge erred in law by relying on overruled and discredited Federal Court precedents, resulting in a decision that lacks legal foundation and breaches the principle of constitutional fidelity. Rajasegaran had said a notice of appeal against Roz Mawar's entire decision had been filed on Wednesday. Roz Mawar, in her decision, ruled that Anwar's referral application on the eight constitutional questions was speculative and did not meet the requirements under Section 84 of the Courts of Judicature Act. Anwar had sought the apex court to rule whether Articles 5,8,39,40 and 43 of the Federal Constitution grant him qualified immunity from Yusoff's suit. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. He had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the Constitution.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store