NECF 40-Day Fast & Prayer - Part 4: The Malaysian Judiciary

August 22 - 26

Malaysia is a democratic nation constituted by the Malaysian Constitution which sets out the foundational and fundamental pillars and basic structure of the nation together with the various institutions of government. The Constitution vests judicial power in the Malaysian Judiciary whilst other powers such as the lawmaking and the administration of the nation are vested in Parliament and the Cabinet respectively.

The Malaysian judiciary consists principally of the High Court of Malaya, the High Court of Sabah and Sarawak, the Court of Appeal and the apex Federal Court. Below the High Courts are the subordinate courts consisting of the Sessions and the Magistrate’s Courts.

Judicial power is exercised through the jurisdiction to adjudicate and determine legal disputes between various parties, whether between private parties, between the citizen and the government and its officials, and between one of the constituent states of Malaysia and the Federation.

In this constitutional set up, the judiciary functions as an important means of maintaining a check and balance against Parliament and the Cabinet. This will arise when legislative and executive action is being challenged as being unlawful or unconstitutional by an increasingly assertive rakyat and civil society organization. In this regard, it is the sacred duty of the judges in the course of exercising its judicial power to ensure that the government upholds the twin pillars the Rukun Negara relating to law which are “The Rule of Law” and the “Upholding the Constitution”.

This is a duty which judges undertake an oath before exercising the functions of their office and that is to “preserve, protect and defend” the Constitution within which is embedded the principle of Supremacy of the Constitution and the Rule of Law.

At this important defining moment of our national life, there are serious challenges which if not properly resolved will undermine foundational and fundamental pillars of our nation and jeopardize nation-building. While the courts might not be the most suitable forum to resolve some of them, the judiciary must rise to the occasion and demonstrate judicial independence, integrity and courage to do justice without fear or favour to defend, uphold and preserve these constitutional pillars of the Malaysian nation.

Bro Lim Heng Seng

Advocate & Solicitor