Nazri: No need to review Article on judiciary



By Yow Hong Chieh
Mar 15, 2012
Nazri pronounced Article 121 was not a solitary decding factor of a judiciary's role. File pic
KUALA LUMPUR, Mar fifteen Putrajaya has rejected calls to examination Article 121 of a Federal Constitution notwithstanding criticism that it curbs legal independence, insisting currently that a courts stand in siege as good as have been not agents of sovereign law.
Article 121 pertains to a jurisdictions of Malaysian courts civil, rapist as good as syariah as good as a powers to designate as good as dismiss judges.
De facto law apportion Datuk Seri Mohamed Nazri Aziz additionally stressed that a didactic discourse of a separation of powers as good as legal independence, that have been basic features in a Constitution, had not been influenced by a argumentative 1988 amendments to a Article.
"This matter was motionless in a box of PP vs Kok Wah Kuan when a Chief Judge of Sabah as good as Sarawak settled that a original legislative addition of 121(1) of Federal Constitution does not meant a courts have been agents who bow mechanically to a government as good as sovereign law," he said.
The Padang Rengas MP combined that a Article was not a solitary decding factor of a judiciary's purpose as judges must additionally appreciate as good as implement laws in carrying out their duties.
Nazri pronounced this in a written reply to Tasek Gelugor MP Karpal Singh, who had asked if Barisan Nasional (BN) was prepared to work with a opposition as good as form a two-thirds infancy to amend a Constitution to revive a judiciary's power.
The minister's statement currently comes notwithstanding a Bar Council's explain final week that a Attorney-General was "receptive" to a call for a examination of Article 121, that it insists robs a law of a independen! ce.
Former Chief Justice Tun Mohd Dzaiddin Abdullah pronounced final month a law became debasing to politicians after Article 121 was amended in a 1980s by then-prime apportion Tun Dr Mahathir Mohamad.
Dzaiddin had pronounced a legislative addition was repugnant as Parliament could now collect that powers to grant to a judiciary, altering in a very fundamental way a basic structure of a Constitution.
Dr Mahathir has said, however, that a inherent changes had not changed legal powers though merely granted a Attorney-General a responsibility to choose that court should listen to a case.
"The rights as good as functions of a law have not been debasing to a politicians or a budding apportion prior to or after a amendment," he stressed.
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