Tag: judicial power
Param Cumaraswamy says judges rose to the occasion in accepting the basic structure doctrine which he along with others had struggled for 40 years ago.
One says there is no need to amend the provision as the Federal Court has declared that judicial power is vested in the courts, but another argues it is better to make the pronouncement concrete.
Apex court declares in a unanimous judgment that the civil courts’ judicial power is inherent in the basic structure of the constitution.
The former law minister says there is a real danger of bias as Chief Justice Raus Sharif also has a close relationship with the prime minister, while the AG declined to prosecute Najib Razak for alleged criminal offences.
In other Commonwealth countries, such as Singapore, the court has declared that the prosecutorial power of the AG can be reviewed, says Steven Thiru.
Abu Talib Othman says his legal advice to the government to introduce laws was in the interests of the nation and people.
Retired judge tells forum Federal Constitution was amended in 1988 after former AG Abu Talib Othman allegedly complained that judges interfered in his work.
In applauding a Federal Court ruling that Parliament cannot undermine the doctrine of separation of powers, the Bar says the Judiciary must check and balance any excesses of the executive or legislature.
Recent Federal Court declaration that judicial power is vested in the court means only judges should decide weight of punishment after finding accused guilty, says Sri Ram.
It is now open for any court in some other case to invalidate the 1988 amendment to Article 121 (1) of the Federal Constitution, says Gopal Sri Ram.
In a landmark decision, it reminds that judiciary acts as a bulwark of the constitution in ensuring that powers of the executive and legislature are kept within their intended limit.
Ruling that a provision in the Land Acquisition Act is against the Federal Constitution, the Federal Court gives power to decide on compensation, now in the hands of assessors, to High Court judges.