Judicial power cannot be diminished by legislative or executive encroachment
The Malaysian Judiciary in 2025 stands as a steadfast guardian of constitutional democracy, embodying the ideals of justice, independence, and integrity. In her address at the Opening of the Legal Year 2025, the Chief Justice of Malaysia, Tun Tengku Maimun binti Tuan Mat (8th January 2025), articulated a vision rooted in the sanctity of the judicial oath — a solemn vow to protect, preserve, and defend the Federal Constitution. She reflected that judges lead lives of solitude and discipline, detached from political or personal ambitions, guided solely by their allegiance to the Constitution and the rule of law. Their calling, though often unrecognized and demanding, remains the moral backbone of Malaysia’s governance and justice system.
The Chief Justice traced the Judiciary’s evolution through a period of immense challenge and transformation — from navigating constitutional crises to embracing the digital revolution catalyzed by the Covid-19 pandemic. Despite political transitions and societal upheavals, the courts remained resolute in their duty to uphold fairness and impartiality, ensuring that neither political power nor public pressure could compromise judicial independence. The Judiciary’s digitalization initiatives since 2020 marked a major milestone, revolutionizing access to justice and guaranteeing that the administration of law continued uninterrupted even in times of global disruption.
At the core of her address was a reaffirmation of constitutional supremacy — the enduring principle that the Federal Constitution stands above all other institutions, including Parliament. Landmark rulings such as Semenyih Jaya, Indira Gandhi, and Alma Nudo — often described as the “Trilogy of Cases” — reinforced the doctrine that judicial power cannot be diminished by legislative or executive encroachment. These cases revitalized the doctrine of separation of powers and reestablished the judiciary’s constitutional authority as the ultimate interpreter and guardian of the law.
Subsequent decisions — including Nivesh Nair, Dhinesh Tanaphll, Iki Putra, SIS Forum, CCH, Wong Shee Kai, and Nik Elin — further refined Malaysia’s constitutional jurisprudence. Collectively, they clarified the boundaries of legislative competence, reaffirmed fundamental liberties, and protected the “basic structure” of the Constitution from being undermined. Through these judgments, the Judiciary continued to define and defend the constitutional order, ensuring that the principles of justice, equality, and liberty remain vibrant and enforceable.
Addressing misconceptions surrounding some of these landmark rulings, particularly allegations that the courts were acting against religion, Tun Tengku Maimun firmly dispelled such claims. She reminded the nation that the Judiciary’s duty is not to serve transient political or public opinion, but to uphold the higher principles of justice as enshrined in both divine and constitutional law. Quoting the Qur’anic injunction to “stand firmly for justice, even against oneself,” she emphasized that the Judiciary is not an adversary of faith but rather a custodian of fairness, morality, and truth.
Turning to judicial appointments, the Chief Justice revisited the painful lessons of the 1988 Judicial Crisis — a watershed moment that exposed the dangers of executive interference and left an enduring mark on Malaysia’s institutional memory. The establishment of the Judicial Appointments Commission (JAC) in 2009, she noted, was a pivotal reform to restore confidence in judicial integrity. The JAC, comprising senior judges and eminent persons, was designed to ensure that appointments are based solely on merit, character, and independence. While acknowledging imperfections in the Judicial Appointments Commission Act 2009, she reaffirmed that the law grants only two entities the authority to recommend judicial appointments — the JAC itself and the Prime Minister. Any other individual or organization claiming to influence judicial appointments, she warned, acts outside the bounds of legality and threatens the very independence of the Judiciary.
The Chief Justice also highlighted Malaysia’s continued improvement in global Rule of Law rankings, attributing this progress to the Judiciary’s unwavering professionalism and reform efforts. This achievement, she observed, reflects decades of resilience and commitment to rebuilding credibility since the crises of the past. She underscored that the Judiciary’s strength lies not in being shielded from criticism, but in maintaining its integrity and impartiality in the face of it.
As Tun Tengku Maimun prepared to conclude her historic tenure as the first woman Chief Justice of Malaysia, she extended gratitude to her colleagues on the Bench, the Bar, the Executive, and the people of Malaysia. Her leadership, which spanned the administrations of four prime ministers of varying political affiliations, stood as a testament to the Judiciary’s neutrality and independence. She expressed confidence that the institution she leaves behind is stronger, more transparent, and more respected than ever before.
In her closing reflection, Tun Tengku Maimun urged future judges to remain faithful to their judicial oath, to uphold the dignity of the courts, and to preserve the moral conscience of the nation’s justice system. She warned that the Judiciary must never be reduced to a symbolic relic of its former self but must continue to stand as a living, principled force within Malaysia’s constitutional framework.
As she bids farewell, the Malaysian Judiciary in 2025 stands not merely as an arbiter of disputes, but as the moral and constitutional compass of the nation — vigilant, principled, and unwavering in its pursuit of justice, equality, and the rule of law.
SOURCE: THE RIGHT HONOURABLE THE CHIEF JUSTICE OF MALAYSIA, TUN TENGKU MAIMUN BINTI TUAN MAT ON THE OCCASION OF THE OPENING OF THE LEGAL YEAR 2025 (‘OLY 2025’) WEDNESDAY, 8 JANUARY 2025, PUTRAJAYA INTERNATIONAL CONVENTION CENTRE (‘PICC’)
Read more
