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| *Travel Tips>>>Malaysia Travel Tips |
Should Malaysia have an independent judiciary? |
Travel Info If the government appoints judges, can the public expect justice if the government breaks the law. Also will decisions be respected by the general public? Judges should be chosen by their own colleagues based on merit. Lina Joy's case smacks of a decision designed to appease Muslims ahead of a looming general election. Is there freedom of religion as stated in our constitution if one cannot freely choose his/her faith? Travel Tips Dato Richard Malanjum, a Kadazan from Sabah was the judge that wasn't pressured to conform and justified his decision to allow Lina Joy to remove Islam and her original name from her IC. i quote from His Lordship Raja Azlan Shah CJ "Every legal power must have legal limits, otherwise there is dictatorship. In particular, it is a stringent requirement that a discretion should be exercised for a proper purpose, and that it should not be exercised unreasonably." "In other words, every discretion cannot be free from legal restraint; where it is wrongly exercised, it becomes the duty of the courts to intervene. " "The courts are the only defence of the liberty of the subject against departmental aggression." It was NOT correct for Lina Joy to be rejected and left to the jurisdiction of the Syariah court when previous cases (outlined by Dato Richard Malanjum), regarding similar requests were dealt with according to the constitution. Meaning that the other two judges defied the constitution written and trusted by all Malaysians under motives such as 'it may open up the door for others'. Source(s): this is his reason and findings. http://www.malaysianbar.org.my/component... Other Travel Tips Not really! While there are still many room of possibilities to improve the performance of the court, it will be in NOBODY's interest to dangle a sword on the head of the judiciary system in Malaysia! Certainly not you, not me and not Lina Joy! I assume you are a great supporter of same- sex marriage, abortion, carrying guns to school, snort cocaine/drug in public, not age limit for alcohol/sex for any ages, pornography and more like in Holland. Good for you! Why not ask the Government to pay for my child care allowances, insurance and set a standard adequate minimum wages for everybody! Human right? Yeah....right.. Some hypocritical persons like you would rather violate human rights to "defend" another ABSURD human right! yes, malaysia should and it's spelled out in our constitution that judiciary is an independent institution/entity under YDP Agong. There are 3 separate institutions under Agong where one institution can't interfere another as all 3 of them are at the same level: Executive [ministers/administrator] Legislative [parliarment] Judiciary [judges] so by right we have check and balance here but if one institution can influence the others, what we can say is, good bye democracy i didn't really follow closely from the beginning on the recent case and i'm not sure whether the decision was made independently or being influenced by some political factors and i have no proof/evidence to support the claim. So i have no say on that specific case However, i have a strong feeling that the judiciary sometimes being influenced by others but I can't prove it. Anybody here have the same feeling too? despite not agreeing with what shes doing i do think there should be both civil marriage and muslim marriages court that do not interfere with one another.. sorry i dont really know how the malaysian system works but thats what i think It is my RIGHT to inform you that Lina Joy is one hell of a great loser of the year. As for your own right, move on.....because life goes on! That is so laid back. |
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