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The Judicial Power and Constitutional Government - By HP Lee


Tun Mohamed Suffian, described by Tun Mohamed Dzaiddin as "a person of unshakable principles", made an outstanding contribution to his nation. He occupied with distinction the office of Lord President (now "Chief Justice") of the Federal Court from 1974 to 1982. As the leader of the "least dangerous" branch of government, he guided the Malaysian judiciary along a path of rigorous judicial integrity and independence.

In a Reference held at the Federal Court on 16 March 2001 in honour of Tun Suffian, the then Attorney-General of Malaysia, Dato' Seri Ainum bt Mohd Saaid, made the following succinct and apt comments pivotal to any assessment of Tun Suffian's role in the shaping of the Malaysian polity:

One of his main concerns was the place of the judiciary within the constitutional framework. In various forums and in several ways, he spoke about the need for an independent judiciary. He regarded this independence as a cornerstone of our constitutional arrangement.

He also believed deeply in the importance of the role of law in our lives. He often called for a commitment to the rule of law which he regarded as a requirement fundamental for the existence of a true democracy.

Consistent with Tun Suffian's philosophy, I have chosen for the theme of my lecture the role of the judicial power in the shaping of constitutional government. I will draw on the Australian experience to show the convergence and divergence in the operation of aspects of the judicial power in Australia and Malaysia.


Paneir's view:

Another excellant piece of article which observed our constitution well. You can view the entire article at http://www.commonlii.org/my/journals/JMCL/2005/1.html

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