I would like to share with you Prof Dr Maasum Billah’s thought of the day on ‘Interference over Judiciary is a Threat to the Total System of the Government? (www.drmasumbillah.blogspot.com) and my comments there on for a good governance of our beloved Malaysia
Judiciary shall have the fullest independency in ruling out any fair judgment.
Hence, neither any government nor any Politician or whosoever shall have any justification to interfere over any Judicial proceeding or Judgment.
Therefore, if any judiciary in its function is happened to be interfered by the government or politicians, is a serious threat to the total system of the government thus, the presumption then shall be as: "the total system of the government is in questionable, which shall require a through post-mortem so to save the country from any socio-political disaster".
Comments (by Ismail Shamsuddin):
Most sane people would definitely agree with the principle that the Judiciary, as one of the pillars of democracy. should not only be independent of, but should be completely entirely separated from the executives. Of course Prof. Malaysia is practicing the UK Westminster System inherited from the British
Under that system, the separation of power was loosely provided for.
Because the dumb-head numbskull Malaysian politician, could not accept the completely entirely separation of power between the judiciary and the executives, the Court of Appeal in July 2007 held that the doctrine of the separation of power was an integral part of the Malaysian Constitution. This decision was however overturned by the Federal Court, which held that the doctrine of separation of powers is a political doctrine, coined by the French political thinker Baron de Montesquieu, under which the legislative, executive and judicial branches of the government are kept entirely separate and distinct and that the Federal Constitution does have some features of this doctrine but not always (for example, Malaysian Ministers are both executives and legislators, which is inconsistent with the doctrine of separation of powers). Where do we go from there?
As Malaysian politicians are immoral lots, they tend to breach/manipulate the 4 pillars of government especially, and truly so the judiciary, for their own interests. This had been glaringly seen in several episodes in the past. And these acts of the executives, if not completely wrong, tantamount to interference with the judiciary, which is not actually a healthy situation to be in. I have whispered to a few friends who are practicing lawyers and former judges, and was told that, in some cases, the executives offered to pay them to have judgments to be in their favour. But fortunately my judge friends were still level-headed, maintained their credibility, integrity, and their pledges to uphold justice, told them off and said they could not be bought. But of course some others look at how good the offer was to agree. Is this not a serious interference by the executives on the judiciary? Is this not a serious threat to the total system of the Government and that it is no longer a presumption but a reality that the 'total system’ of the Government is questionable which should require a post-mortem to avoid socio-political disaster to happen in the country. Ismail
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