Govt To Address Issues Raised By Malaysian Bar Within Framework Of Federal Constitution
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of Prime Minister's Department last week.
She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar.
'The government is always open to the views of all parties, including the Malaysian Bar, who will also be invited to join in this study, to ensure a more transparent, integrity-based and trusted judicial appointment system for the people.
'In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force,' she said in a statement today.
Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country's judicial independence.
Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct.
Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said.
In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 [Act 703].
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