THE judiciary is merely defending its judicial functions by using precedents to decide on constitutional issues, Chief Justice Tun Tengku Maimun Tuan Mat said.
She said there may be some who think that the judiciary is now more powerful than before following recent decisions on constitutional issues.
However, in performing their judicial duties, judges in Malaysia are bound by existing legal principles, Tengku Maimun said.
“Regardless of whether a judge applies these principles or not does not mean that he or she is a ‘liberal’ or ‘conservative’.
“In my view, there are only legally coherent or incoherent decisions – not liberal or conservative decisions,” she said in a speech at the golden jubilee celebrations of University Malaya’s law faculty.
Citing several recent precedent cases, including the Semenyih Jaya and Indira Gandhi cases in 2017 and 2018 respectively, Tengku Maimun said both were decided unanimously by five judges, before she was appointed as a Federal Court judge.
“And then there is a third case, the Alma Nudo Atenza case in 2019 which was also decided unanimously by nine Federal Court judges where the principles of constitutional law decided in the Semenyih Jaya and Indira Gandhi cases were strengthened.
“The principles that have been decided through the three cases above, which are often referred to as the ‘trilogy of cases’ in line with my understanding, which more or less was formed from the lessons I gained in this faculty,” she said.
Tengku Maimun also spoke of the legal principles instilled in her during her four years of study at the UM Law Faculty and also throughout her career.
“They include the principle of judicial impartiality and as a judge, freedom to make decisions in accordance with the Federal Constitution and the rule of law without any internal or external pressure or influence.
“This is also in line with the oath of office and allegiance of a judge, which is to always preserve, protect and defend the Malaysian Constitution,” she said.
Tengku Maimun also recalled her days as an undergraduate at the faculty beginning in 1978, before receiving her Bachelor of Laws in 1982.
Tengku Maimun said she learned many things, not only from a legal point of view but also the values and principles of life, and thanked her lecturers who gave her a lot of guidance and shaped her understanding of the law. – June 18, 2022
