The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study

Journal article


Bari, M. Ershadul, Bari, M. Ehteshamul and Naz, Safia. (2015). The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study. Commonwealth Law Bulletin. 41(2), pp. 231-252. https://doi.org/10.1080/03050718.2015.1049634
AuthorsBari, M. Ershadul, Bari, M. Ehteshamul and Naz, Safia
Abstract

The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.

Year2015
JournalCommonwealth Law Bulletin
Journal citation41 (2), pp. 231-252
PublisherRoutledge
ISSN0305-0718
Digital Object Identifier (DOI)https://doi.org/10.1080/03050718.2015.1049634
Scopus EID2-s2.0-84947489505
Research or scholarlyResearch
Page range231-252
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online01 Jun 2015
Publication process dates
Deposited19 Aug 2021
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