THE 1988 JUDICIARY CRISIS: HAS IT SHAKEN THE PILLARS OF THE MALAYSIAN JUDICIARY
By
Noorazlena binti Abbas (2004329008) Norlaili binti Abd Rahman (2004262025)
Nornajwa binti Mhd Jaar (2004329047)
Submitted in Partial Fulfillment of the Requirements for the Bachelor in Legal Studies (Hons)
University Technology MARA Faculty of Law
April 2007
The students confirm that the work submitted is their own and that appropriate credit has been given where reference has been made to the work of others.
ACKNOWLEDGEMENT
This research project has been carried out by a team which has included Noorazlena, Norlaili and Nornajwa. We would like to take this opportunity to acknowledge the parties that had been involved in our success in preparing this project paper, whether directly or indirectly, with all our highest gratitude and appreciation.
To Puan Sharifah Saeedah, for her supervision and guidance. Her encouragement and motivation had been a very prominent factor in completing this project paper.
To our beloved family for all the invaluable love and support that had carried us through all along.
To all the lecturers at the Law Faculty of Universiti Teknologi Mara whom we had the privilege to learn from and that had indirectly stimulated ideas and thoughts for this project paper.
Thank you so much.
1
ABSTRACT
This research includes of the duties and responsibilities of the judiciary in our country.
Apart from the responsibilities, the issue of independence of the judiciary has been focused thoroughly.
Moreover, the case of Tun Salleh Abbas has been determined in order to gain the information of judiciary system as well as the role of the other two organ of government.
As what has been stated in the Federal Constitution, the three organs of the government have been dealing with a system of check and balances in order not to infringe the other body or to interfere with the duties of a particular organ of government.
Therefore, some recommendations have been highlighted in this paper in order to maintain the rights and protection of independence of the judiciary.
In conclusion, the three bodies of the government must strive to balance their duties in order to give good perception to the public.
TABLE OF CONTENTS
Acknowledgement i
Abstract ii Contents iii List of Cases v
CHAPTER ONE: INTRODUCTION
1.0 Introduction 1 1.1 Problem Statement 6
1.2 Objectives 6 1.3 Research Methodology 7
1.4 Limitation 8 1.5 Significance of Study 9
CHAPTER TWO: 1988 JUDICIARY CRISIS, THE DARKEST EPISODE OF THE MALAYSIAN JUDICIARY
2.0 Introduction 10 2.1 Definition of Judiciary Crisis 11
2.2 Federal Constitution 11 2.3 May Day for Justice 13 2.4 Judicial Misconduct vs. May Day 17
2.5 Criticism on the 1988 Judiciary Crisis 17
CHAPTER THREE: RESEARCH FINDINGS
3.0 Introduction 26 3.1 Research Finding 26
3.1.1 Rights and Powers of Judiciary 26 3.1.2 Independence of Judiciary in carrying out duties 27
3.1.3 Principle of Check and balance between three branches 35 of government
3.1.4 Powers of the Executive, Legislature and judiciary 37 3.1.5 Interference of other branches of government in determining 39
judicial decision
3.1.6 The occurrence of 1988 judiciary crisis 39
3.1.7 Effect of 1988 judiciary crisis 40 3.1.8 Approval from other branches of government in deciding 43
iii
matters
3.1.9 Protection of the rights of the judiciary 45
CHAPTER FOUR: RECOMMENDATIONS AND CONCLUSION 4.1 Recommendation
4.1.1 Amendment of Article 125 of the Federal Constitution 4.1.2 Defectiveness of article 121 of the Federal Constitution 4.1.3 A better vetting system
4.1.4 Special Commissioner 4.1.5 Education
4.1.6 Appointment of lawyers to be judges
4.1.7 Judge should not be answerable to politicians 4.1.8 Exercise of justice
4.1.9 Respect of common law 4.1.10 Inner quality of the judge 4.2 Conclusion
47 47 47 48 48 48 49 49 50 50 51 52
Bibliography Appendices
Appendix I Appendix II Appendix III
Interview questions for the Federal Court Judge Interview questions for an academician
Table of members sitting in the tribunal of Tun Salleh Abas's case dated on 13th June 1988
53 56 56 58 63