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Judicial
renaissance
PUTRAJAYA: Addressing an
issue that has bugged the nation
for far too long, Regent of Perak
Raja Dr Nazrin Shah yesterday
said Malaysia needs nothing short
of a “judicial renaissance”. He
said undertaking incremental and
cosmetic modifications are not
enough to revitalise the judiciary.
“Without it, one of the three
pillars that hold up this nation
will remain in a significantly
weakened state. Injustices will
continue to perpetuate. Efforts at
developing social cohesion and
nation-building will be severely
compromised,” he told the three-
day Annual Judges Conference
which started yesterday.
Noting that the present climate
presents an opportunity to press
on with much-needed changes,
Raja Nazrin said the judicial
renaissance that was emerging
must therefore not be allowed to
roll back. “We must constantly fuel
» 200 given 2nd chance pg2
RAJA NAZRIN:
INCREMENTAL AND
COSMETIC CHANGES
NOT ENOUGH
TO REVITALISE
JUDICIARY
the engines of this renaissance.”
“Change is never easy.
Resistance must always be
assumed. The inertia of the status
quo is very strong and this is
especially true when the situation
is serious and the changes required
are huge.
“There will be the ever-
present temptation to undertake
just incremental and cosmetic
modifications. We need to
recognise that these are not
sufficient for the judicial
revitalisation and renewal that this
country needs and deserves,” he
said.
Raja Nazrin said the results
of the last general election had
introduced a greater degree of
contestation in policy-making,
legislation and administration.
“Some of these changes may
be transient. Others could well be
permanent. Whatever the case,
the new political realities have
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» Why good rulers should let bad politicians be pg18-19
proven to be and will continue to
be challenging. They send a clear
message that we cannot continue
on a course of ‘business-as-usual’.”
He said in the current
environment, the opinion and
decisions of men and women of
reason, wisdom and balance in
all spheres of life will be in even
greater demand than before,
especially in the courts of law.
“If the judiciary is filled with the
highest calibre of men and women
that this nation has to offer, not
only in terms of ability but also
values, there is nothing to fear. We
must never fear truth, knowledge
and wisdom. We should always
fear their opposites. I therefore
urge you to press on. May the
judicial renaissance grow and
flourish under your careful hands
and watchful eyes,” he told the
judges.
He said the reputation of our
judiciary can be maintained only
if the high standards adopted were
consistently adhered to.
“In the last two decades, judicial
independence and integrity have
eroded. The result is a lack of
confidence in the judicial system
and the complete disregard for
the law by some quarters. These
are dark stains on our honour
and reputation and they have the
potential to weaken if not destroy
the nation.”
Raja Nazrin listed the hallmarks
of a judicial renaissance.
» respect for the rule of law.
He reiterated that the Federal
Constitution must be defended by
all as it was crafted to cater to the
country’s pluralistic character.
“Each time an administrative
decision is taken that runs contrary
to its provisions, the Constitution
is in danger of being deemed
irrelevant. This is why it is
absolutely critical for judges to be
sensitive to the spirit that underlies
the Constitution.”
He said the courts must be
uncompromising on constitutional
questions.
» good governance
He said the three pillars of
government must be highly
responsive and accountable to
cater to a society that has become
more complex and a citizenry that
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Thursday
April 10, 2008
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Extra
has become more educated.
“The old model of large and
If the judiciary
rigid bureaucracies handing is filled with the
out government largesse has
also become outdated. And highest calibre of
governments can no longer men and women
just offer their citizens material
wealth. The intangible benefits that this nation has
of development, including an
absence of corruption, abuse and to offer, not only in
repression, and the protection and terms of ability but
enlargement of individual rights
and freedoms, are now equally also values, there
important goods that citizens
demand and which governments is nothing to fear.
must deliver.
“We must not be fooled into
We must never fear
believing that to be monetarily truth, knowledge and
rich, only practical expediency
matters and that judicial integrity wisdom. We should
and independence do not. I
say ‘monetarily rich’ and not
always fear their
‘developed’ because there is a opposites.”
very big difference between the
two. I do not believe it is possible
to be developed without a highly
respected judiciary.” Governments
Raja Nazrin also listed the can no longer just
features of a judicial renaissance.
» Judicial power and courage offer their citizens
“The courts have unfettered powers
to interpret the Constitution, to
material wealth. The
construe laws, and to declare any intangible benefits
law or administrative action that is
inconsistent with the Constitution of development,
to be void. Preserving and
protecting the Constitution require
including an absence
judicial courage.” of corruption, abuse
» Only men and women of the and repression,
highest integrity and intellect
are elevated.
and the protection
He paid tribute to the late Tan and enlargement of
Sri Abdul Malek Ahmad, who was
made Court of Appeal president in individual rights and
2004. Malek passed away last year.
He also praised those who have
freedoms, are now
dedicated their lives to upholding equally important
the sanctity of the law.
goods that citizens
» A transparent mechanism in demand and which
judicial appointments.
“There is merit in the suggestion governments must
for the establishment of a Judicial
deliver.”
» Turn to Page 4 – Raja Nazrin
» Read the full text of the speech on sun2surf.com
REUTERSPIX
RICE LINE ... Women holding government-subsidised rice walk past
residents waiting to buy the staple outside a Manila church yesterday.
The Philippines will dismantle an import tariff on private rice purchases
to encourage more buyers and boost supplies. In Haiti, people erected
fiery barricades and tried to storm the National Palace as protests
against rising food prices paralysed the nation’s capital. See PAGE 15.