The changes of government has given a fresh an strength the rule of laws

KUALA LUMPUR -- The recent change of government in Malaysia has given a fresh impetus to strengthen the rule of law in the country, the Sultan of Perak, Sultan Nazrin Shah said.

He said steps were being taken to remedy and revitalise the core institutions of democracy and good governance, including the Election Commission (EC), the Parliament, the judiciary, the regulatory and enforcement agencies, as well as the anti-corruption commission.

“Laws that are deemed restrictive of individual liberties are being reviewed and efforts are underway to remove undue constraints on the media.

“We are looking forward to all these important initiatives reaching full fruition as the people of Malaysia deserve no less,” he said in his keynote address at the International Malaysia Law Conference (IMLC) 2018, themed 'Raising The Bar By Preserving and Furthering the Rule of Law'.

Speaking on judicial independence, Sultan Nazrin Shah said it was especially important in parliamentary system where the executive and the legislature were to some extent fused as judicial oversight.

“The review on constitutional and administrative law and practice on matters of national and public interest are essential to ensure that these comply with the spirit and substance of the law,” he said, Bernama reported.

The Perak Sultan said even the fairest-minded of judges might be influenced and swayed by their own world views and personal predispositions.

“The judiciary should therefore be drawn from as diverse a range of gender, ethnic and cultural backgrounds as possible, to ensure the equitable administration of justice.

“In Malaysia, the Federal Constitution requires the Conference of Rulers to be consulted on the appointment of the Chief Justice and other senior judges.

“The responsibility of choosing judges of quality and character is an onerous one, and this consultation should not be treated as merely procedural and taken lightly,” he said.

The Sultan added that it was also crucial for judges to have guaranteed security of tenure, so that they were able to conduct their work shielded from undue intimidation and fear.

On the human rights issue, Sultan Nazrin Shah said although the country still have much to catch up in the human right instruments area, Malaysia had signed the 2003 UN Convention Against Corruption (UNCAC), which was then ratified in 2008.

“The treaty, which aims at prevention, investigation and prosecution of corruption, as well as freezing, seizure, confiscation, and return of its proceeds.

“This is an instrument which all countries should voluntarily accede and intensively cooperate. Although it is bound by its limitations, it is an essential element of international legal structures, which is supplemented by bilateral mutual legal assistance agreements”, he said.

The ruler of Perak said there were various definitions and debates surrounding the concept of the rule of law as the rule of law requires an effective separation of powers among the various branches of government - the executive, legislature and judiciary.

“This separation allows for a truly independent judiciary that is not only learned and wise, but also principled and courageous. It should also ensure that all persons, including governments, are held accountable to the law, no matter how powerful or wealthy they may be.

“The rule of law is thus inextricably connected to the protection of fundamental human rights and preservation of human dignity, as it prevents corrupt public officials from using their power to persecute or discriminate against particular groups or individuals,” he said.

The Sultan explained that every citizen should have proper access to the law, and be fully protected by it but where the rule of law exists in name alone, t here would inevitably be victims and victimisers.

“Restoring the rule of law is always a far greater challenge than destroying it. It is not a task that can be undertaken with small steps, cynical compromises and half-hearted measures. 

“Institutions and processes must also be fundamentally reformed and strengthened, in order to safeguard against relapse,” he added.