Judicial independence must prevail, says Anwar

The Star

The independence of the judiciary must remain paramount in upholding and administering justice without fear or favour, while the rule of law must prevail, said Prime Minister Datuk Seri Anwar Ibrahim at the launch of the 37th Lawasia Conference on Sunday (Oct 13).  Read more at https://shorturl.at/A7qSi  WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

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00:00In my years of political office in government and as well as out of government, more out

00:14of government than in, one thing that I have consistently said and maintain is that while

00:20the rule of law must prevail, the independence of the judiciary must also remain paramount

00:27in upholding the administration of justice without fear or favour.

00:37I need not cite the plethora of judicial precedents and authorities to reiterate my unwavering

00:44support for the imperative of judicial independence which is subsumed under the doctrine of separation

00:52of powers.

00:53These are principles enshrined under the groomed norm or the basic structure of the Federal

01:00Constitution.

01:01However, the lessons of history must not be forgotten.

01:06In the past, we have seen how this sacrosanct principle has been violated by the powers

01:12that be, working hand in glove with the highest judicial office, perverting the course of

01:19justice in order to serve nefarious and vile political ends.

01:25But let me firmly declare that enough is enough.

01:30That era is over and gone and that we will never allow such abuse and violations ever

01:36to happen again.

01:37Ladies and gentlemen, the coming days offer us a timely platform to examine how our legal

01:43frameworks must evolve to address the unprecedented advancements in technology that are influencing

01:51every aspect of our lives.

01:54Judicial and legal reform must be reflected as the nation advances with the changing times

02:01for development and progress.

02:03We should neither be held hostage to the views and demands of the elite nor succumb to the

02:09dictates of pressure groups serving the interests of the rich and powerful.

02:15I strongly believe that our laws must be flexible yet robust, capable of safeguarding individual

02:25rights while promoting creativity and innovation.

02:30Further, there must be a balance between private rights on the one hand and the public and

02:39societal interests on the other.

02:42A legal system that is too rigid or a judgement that is made without due consideration of

02:48public policy.

02:50Repercussions will not only stifle progress but risk eroding public trust and causing injustice.

02:59By way of comparison, in other jurisdictions, such as Sharia law, the doctrine of istihsar

03:10or equity allows for juristic discretion when and if it serves the cause of justice.

03:22In making this call, I do not even for a moment suggest that the law of chaos and assentity

03:29rule the roost rather than striking the right balance.

03:34It is essential to ensuring that our judicial and legal system remains dynamic and robust.

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