Safeguarding Judicial Independence And Democratic Integrity

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A statement from Aliran:
Aliran acknowledges that many judges of wisdom and integrity have served our country. Their contributions have shaped our legal landscape and fortified our constitutional values.
These judges have also expanded on those values to recognise new and essential civil rights to meet changing needs. These include the rights to education, to information and to privacy.
Yet, the institution they served has not escaped controversy. The shameful dismissal of Lord President Salleh Abas, the country’s top judge, in 1988 remains a scar on our judicial history. That event is a constant reminder of the judiciary’s vulnerability to executive overreach.
Since then, the judiciary has limped through episodes of public distrust. This was the case when it was dogged by allegations of internal influence and external pressure.
More recently, the retiring Chief Justice, Tengku Maimun Tuan Mat, at the Opening of the Legal Year 2025, reflected on the vilification and undue criticism she encountered, not only in her official capacity, but personally (see video at the top).
Her remarks point to the continuing vulnerability of the judiciary and its incumbents to external forces.
The recent wave of public concern, including calls for a royal commission of inquiry, is disquieting. It shows that public trust in our system of administration of justice continues to waver.
And not without reason. We have seen a spate of corruption prosecutions or charges against high-profile politicians being discontinued or dropped. The spate of “DNAAs” (discharges not amounting to acquittals) has raised public cynicism of the legal system to new heights.
Judicial independence and the separation of powers are not just embellishments. They are the pillars that hold up our democratic way of life. Without the separation of powers, no institution can check another when rights are violated or laws bent to serve the interests of the few.
Without an impartial judiciary, the people have no true safeguard against abuse of legislative or executive power. Without an independent judiciary, a society risks the erosion of the rule of law, compromised human rights and increased corruption. 
An independent judiciary ensures an impartial application of the law, holding all actors, including the government, accountable. Conversely, a lack of judicial independence could lead to arbitrary governance, abuse of power, and loss of public trust in the justice system. 
Aliran believes the current laws do not protect judicial appointments enough from executive influence. The structural weakness in the laws guiding judicial appointments could undermine democracy itself. The appointment of judges must be through a process over which the executive has no influence.
We call for legislation that creates a truly independent appointments process: one that reflects transparency, accountability and constitutional integrity. The process must be designed to serve the people – not political interests.
Aliran remains steadfast in our belief that a just society demands an independent judiciary and a true separation of powers. This calls for an unwavering commitment to democratic principles.
These are the rights of the people of Malaysia, and it is our responsibility to defend them.
Aliran executive committee
13 July 2025

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