Latest news with #TunTengkuMaimunTuanMat
New Straits Times
22-05-2025
- Politics
- New Straits Times
JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution. "Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act. "If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments. "The issue here is that no law may override the Constitution. That is the rule of law," she said during a Townhall session with law students at Universiti Malaya today. She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments. Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament. "Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary. "Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one," she said. At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers. – Bernama
The Sun
22-05-2025
- Politics
- The Sun
JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution. 'Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act. If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments. 'The issue here is that no law may override the Constitution. That is the rule of law,' she said during a Townhall session with law students at Universiti Malaya, today. She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments. Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament. 'Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary. Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one,' she said. At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers.
The Star
26-04-2025
- Politics
- The Star
Malaysia and Cambodia solidify bilateral judicial cooperation
PHNOM PENH (Bernama): Malaysia and Cambodia have agreed to enhance their bilateral judicial cooperation, strengthen capacity building, and facilitate the exchange of best practices. The commitment was reaffirmed during Chief Justice Tun Tengku Maimun Tuan Mat's courtesy call on Chiv Keng, President of the Supreme Court of the Kingdom of Cambodia and the Asean Law Association (ALA) Cambodia National Committee in Phnom Penh. Justice Tengku Maimun, who is also the president of the ALA, led a delegation to the Kingdom from April 24 to 26. This visit aims to foster judicial cooperation, promote legal understanding and deepen institutional ties among Asean member states, said a statement issued by the Office of the Chief Registrar, Federal Court of Malaysia, Palace of Justice Putrajaya, on Friday. "A key focus of the discussion was on judicial digitalisation. "The Cambodian Judiciary expressed a keen interest in sending judges and technical personnel to Malaysia to gain insights from the Malaysian Judiciary's digital transformation initiatives. "The Chief Justice of Malaysia welcomed this initiative and proposed to facilitate the visit through the Office of the Chief Registrar of the Federal Court,' the statement stated. During the meeting, both Chief Justices exchanged insights on the structure, jurisdiction, and challenges of their respective judicial systems. Emphasis was placed on the importance of judicial transparency, protecting national security and maintaining public trust in the courts, said the statement. Discussions between both parties also focused on the upcoming ALA Governing Council Meeting (GCM) 2025, which is scheduled to be held in Singapore, as well as the hosting challenges faced by member jurisdictions. At the meeting, ALA Cambodia expressed its strong support for the GCM and indicated its willingness to consider hosting a future meeting, potentially in 2027. "ALA Cambodia also pledged its support for the proposal by the President of ALA for the establishment of the Standing Committee on Equitable Access to Justice and Legal Pro Bono Services,' said the statement. The courtesy visit concluded with a mutual reaffirmation of ALA's mission to strengthen the rule of law and access to justice across the region. - Bernama
Malay Mail
24-04-2025
- Politics
- Malay Mail
Got read the Chief Justice's speech or not? — Hafiz Hassan
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.
