ID :
71414
Wed, 07/22/2009 - 09:27
Auther :
Shortlink :
https://oananews.org//node/71414
The shortlink copeid
COURTS CANNOT FIND FAULT WITH TRANSPARENT, OPEN GOVTS
IPOH (Malaysia), July 21 (Bernama) -- So long as any government or authority administers in accordance with the law in a transparent and open manner, no court can find fault with that government or authority, the Ruler of northern state of Perak, Sultan Azlan Shah, said Tuesday.
However, he said, this would not be the case if there were judges who had no
integrity or who chose to be political or sympathised with any group or
political thought.
The major and heaviest test for a judge was remaining impartial, especially
in terms of emotion and inclination, he said when opening a special seminar on
the federal constitution organised by the Perak State Secretariat, here.
As such, he added, it was necessary to safeguard the role of the judiciary
as a professional and independent body of integrity.
"Judges held great responsibility in upholding the rule of law and integrity
of the courts and their failure to do so will result in an imbalance. The
loyalty of judges is to justice in accordance with the law.
"In fulfilling this responsibility, judges are exposed to public evaluation
because there is in place a higher mechanism in the courts, with a panel of more
judges, to review judgements," he said.
Sultan Azlan Shah said the perpetuation of the institution of monarchy was
not only to the extent of fulfilling historical values and sentimental values of
the people.
The ruler had a role to ensure the effectiveness of the check-and-balance
mechanism which could help strengthen the institution of democracy, he said.
"As the head of state, the ruler serves as the pillar of stability, source
of justice, core of solidarity and umbrella of unity. Implicitly, the
perpetuation of the institution of monarchy is the continued retention of the
identity of a government buttressed by the Malays.
"The role, duties and responsibilities of the Yang di-Pertuan Agong as well
as those of the Malay Rulers are based on the concept of the constitutional
monarchy," he said.
This meant that the rulers had sovereign power and responsibility in
accordance with the law and that a ruler was a ruler, whether it was in absolute
or constitutional terms, he said.
Sultan Azlan Shah said the difference between them was that one had
unlimited power while the other's power was in accordance with the constitution,
but it was a mistake to assume that the power of a ruler was similar to that of
a president who was bound by the constitution.
"The role of a ruler far exceeded that expressed in the constitution," he
said.
The sultan said the implied spirit behind the formulation of the federal
constitution was to develop a stable, peaceful, united and prosperous
independent nation, which would be achieved through the solidarity and unity of
a people of various religions, ethnic groups and cultures, and speaking
different languages.
"The constitution has been so formulated so as to ensure that justice
prevails and that it equally protects the strong and the weak, the majority and
the minority, the administrators and the administered, the Rulers and the
people," he said.
The sultan said there was consensus that every Malaysian citizen was
guaranteed protection in a fair and just manner, while acknowledging the fact
that the indigenous people lagged far behind in terms of socio-economic
progress, wealth, ownership of property and skills.
As such, the Malays and other bumiputeras were given an assurance through
special allocations which gave them privileges, he said.
"At the same time, non-Malays who had immigrated to this country,
considering it as their home and pledging their loyalty to the king and country,
have been accepted as Malaysian citizens," he added.
Sultan Azlan Shah said the federal constitution was drawn up in the spirit
of negotiation, understanding, the desire to unite the people, and the objective
of shaping an independent and a sovereign nation-state.
For the sake of peace and prosperity, a culture of living based on the
spirit of the constitution should be inculcated in the people - a spirit which
accorded respect to the law and respected law-enforcement institutions, he said.
"If this basic principle is not adhered to any longer and is to be set aside
due to attempts to assimilate foreign cultural influences, it is feared that the
country will degenerate into anarchy. In the end, the history of the nation,
peace and prosperity will remain just that - history," he said.
-- BERNAMA
However, he said, this would not be the case if there were judges who had no
integrity or who chose to be political or sympathised with any group or
political thought.
The major and heaviest test for a judge was remaining impartial, especially
in terms of emotion and inclination, he said when opening a special seminar on
the federal constitution organised by the Perak State Secretariat, here.
As such, he added, it was necessary to safeguard the role of the judiciary
as a professional and independent body of integrity.
"Judges held great responsibility in upholding the rule of law and integrity
of the courts and their failure to do so will result in an imbalance. The
loyalty of judges is to justice in accordance with the law.
"In fulfilling this responsibility, judges are exposed to public evaluation
because there is in place a higher mechanism in the courts, with a panel of more
judges, to review judgements," he said.
Sultan Azlan Shah said the perpetuation of the institution of monarchy was
not only to the extent of fulfilling historical values and sentimental values of
the people.
The ruler had a role to ensure the effectiveness of the check-and-balance
mechanism which could help strengthen the institution of democracy, he said.
"As the head of state, the ruler serves as the pillar of stability, source
of justice, core of solidarity and umbrella of unity. Implicitly, the
perpetuation of the institution of monarchy is the continued retention of the
identity of a government buttressed by the Malays.
"The role, duties and responsibilities of the Yang di-Pertuan Agong as well
as those of the Malay Rulers are based on the concept of the constitutional
monarchy," he said.
This meant that the rulers had sovereign power and responsibility in
accordance with the law and that a ruler was a ruler, whether it was in absolute
or constitutional terms, he said.
Sultan Azlan Shah said the difference between them was that one had
unlimited power while the other's power was in accordance with the constitution,
but it was a mistake to assume that the power of a ruler was similar to that of
a president who was bound by the constitution.
"The role of a ruler far exceeded that expressed in the constitution," he
said.
The sultan said the implied spirit behind the formulation of the federal
constitution was to develop a stable, peaceful, united and prosperous
independent nation, which would be achieved through the solidarity and unity of
a people of various religions, ethnic groups and cultures, and speaking
different languages.
"The constitution has been so formulated so as to ensure that justice
prevails and that it equally protects the strong and the weak, the majority and
the minority, the administrators and the administered, the Rulers and the
people," he said.
The sultan said there was consensus that every Malaysian citizen was
guaranteed protection in a fair and just manner, while acknowledging the fact
that the indigenous people lagged far behind in terms of socio-economic
progress, wealth, ownership of property and skills.
As such, the Malays and other bumiputeras were given an assurance through
special allocations which gave them privileges, he said.
"At the same time, non-Malays who had immigrated to this country,
considering it as their home and pledging their loyalty to the king and country,
have been accepted as Malaysian citizens," he added.
Sultan Azlan Shah said the federal constitution was drawn up in the spirit
of negotiation, understanding, the desire to unite the people, and the objective
of shaping an independent and a sovereign nation-state.
For the sake of peace and prosperity, a culture of living based on the
spirit of the constitution should be inculcated in the people - a spirit which
accorded respect to the law and respected law-enforcement institutions, he said.
"If this basic principle is not adhered to any longer and is to be set aside
due to attempts to assimilate foreign cultural influences, it is feared that the
country will degenerate into anarchy. In the end, the history of the nation,
peace and prosperity will remain just that - history," he said.
-- BERNAMA
