‘CHANGE OF GOVT A BOOST TO RULE OF LAW’
Steps undertaken to improve institutions of democracy, governance, says Perak ruler
THE recent change of government has given a fresh impetus to strengthen the country’s rule of law, Sultan of Perak Sultan Nazrin Muizzuddin Shah said.
He said steps were being taken to remedy and revitalise core institutions of democracy and good governance, including the Election Commission, Parliament, the judiciary, regulatory and enforcement agencies, as well as the Malaysian Anti-Corruption Commission.
“Laws that are deemed restrictive of individual liberties are being reviewed and efforts are underway to remove constraints in the media. We are looking forward to the initiatives reaching full fruition as the people deserve no less,” he said at the International Malaysia Law Conference 2018, themed “Raising The Bar By Preserving and Furthering the Rule of Law”.
On judicial independence, he said it was especially important in a parliamentary system where the executive and the legislature were, to some extent, fused as judicial oversight.
“The review on constitutional and administrative law and practices on matters of national and public interest are essential to ensure that they comply with the spirit and substance of the law.”
He said even the fairest judges might be influenced by their world views and personal predispositions.
“The judiciary should comprise a diverse range of gender, ethnic and cultural backgrounds to ensure the equitable administration of justice. The Federal Constitution requires the Conference of Rulers to be consulted on the appointment of the chief justice and other senior judges.
“The responsibility of choosing judges of quality and character is an onerous one. This consultation should not be taken lightly.”
Sultan Nazrin said it was crucial for judges to have security of tenure, so that their work was shielded from intimidation and fear.
On the human rights issue, he said Malaysia had signed the 2003 United Nations Convention Against Corruption, which was ratified in 2008.
“The treaty aims at the prevention, investigation and prosecution of corruption, as well as freezing, seizure, confiscation, and return of proceeds.
“This is an instrument which all countries should voluntarily accede. Although it is bound by its limitations, it is an essential element of international legal structures, which is supplemented by bilateral mutual legal assistance agreements.”
He said there were debates surrounding the concept of the rule of law as it required a separation of power among the executive, legislature and judiciary.
“The separation allows for an independent judiciary that is not only learned and wise, but also principled and courageous.
“It should ensure that all persons, including governments, are held accountable to the law.