The Sultan of Perak, Sultan Nazrin Shah has called on Federal Court and Court of Appeal judges to write dissenting judgements if they do not agree with the majority of the bench.
He said although there was undoubtedly, value in unanimous opinions, it was critical that judges spoke in dissent where necessary.
"Some judges may hold strong legal and moral convictions, yet fail to articulate their concerns in their judgments and they may remain silent out of deference to the judgments of others; out of concern that their comments may be dismissed; or out of a misplaced belief that what they might have to say is not that important," he added.
Sultan Nazrin said however, the Bench and judicial decision-making processes could easily handle the ramifications of a divergent opinion on any given issue.
"Sometimes, the brave dissenting voice is transformed into law. A classic case is that of Brown v Board of Education 347 US 483 (1954) when the US Supreme Court gave weight to the spirit of Justice Harlan 's dissenting voice in Plessy v. Ferguson 163 U.S. 537 (1896).
"As a result, and in a historic judgment, then-chief justice Warren held that racial segregation in public schools constituted a violation of the US constitutional guarantee of equality of rights," he said in his special address at the launch of the book entitled, 'Justice Above All, Selected Judgments of Tun Arifin Zakaria With Commentaries' at a hotel here today.
The sultan added that judges should be free to express reasons in their judgments as they thought fit, and in other words, for the Rule of Law to flourish, courts and their participants should be allowed to express a variety of ideas and principles.
He said it was by their judgments that judges were made accountable for the decisions they had made.
"Every judge should have the opportunity to participate fully, even while the majority decision rules the outcome. This judicial independence in turn, helps to ensure that the Rule of Law is fully upheld.
"It is this adherence to the Rule of Law that should be the compass and leitmotif of all judges in the adjudication of all matters before them - no matter what the issues are, and no matter whose interests they are deciding. This ensures that justice will always prevail," he said.
Sultan Nazrin said the character, qualities and independence of the judges themselves also served to sustain public confidence in the court as judges were not there simply to decide cases but to decide them as they thought the cases should be decided in the true spirit of justice and fairness.
He said doing the right thing was therefore, incumbent upon all judges and in fact, it was their supreme duty.
He added that in making decisions, it was imperative that judges gave reasons in their written judgments and these written judgments were vital.
"First, it reflects the transparency and accountability of the decision-making process, an integral component to gaining public confidence; and secondly, it is through these judgments that the law is developed."
Sultan Nazrin said as common law lawyers, in making their judgements, judges should be well-armed with a strong narrative, in which the justification for the reasoning in their judgments was given pride of place.
He said these qualities were clearly evident in any reading of the judgments of great judges, past and present, and such judges dominated and defined their age, even as they were themselves shaped by it.
"Some are consummate judicial figures, whose legacy of brilliant judgments will be passed on to the generations that follow. In this regard, we will always be indebted to the lucid reasoning we find in the judgments of Tun Suffian, Tun Azmi, His Royal Highness Sultan Azlan Shah, justices Eusoffee Abdoolcader, HT Ong, SS Gill and all our other judicial luminaries," he added.
Sultan Nazrin said when judges retired, they left behind a corpus of judgments which would continue to be part of the law - to be applied, analysed and scrutinised.
He said living in challenging times, the institutions sometimes seemed to be under threat which made it all the more crucial that the public's regard for the judiciary should be at its highest and clearest.
"More than ever, we need courageous and fair-minded judges to instil confidence that the judicial system remains sacrosanct in guarding the rights, interests and liberty of all.
"The judiciary must thus, strive relentlessly to dispense justice in accordance with the Rule of Law. While this is an essential prerequisite for safeguarding civil and political rights and ensuring good governance, it also provides the foundation for economic growth and progress," he said.
He further said by providing fair and prompt judicial decisions on matters concerning the enforcement of commercial rights, a well-functioning judicial system helps to promote a competitive and attractive economic climate in the country.
"As our economy and society continue to evolve, the progress being made is thus, further strengthened by our maturing judiciary, and by the integrity of the judicial decision-making process."
Sultan Nazrin said his own belief was that a great judgment was one in which the decision-maker fully understood he was the guardian of the Rule of Law, and in which his fidelity to its precepts was absolute.
"In this regard, I would like to end with a quote again from my father, His Royal Highness Sultan Azlan Shah, who, like Tun Arifin, was also the Chief Justice.
"I quote, 'The rules concerning the independence of the judiciary...are designed to guarantee that they will be free from extraneous pressures and independent of all authority, save that of the law. They are, therefore, essential for the preservation of the Rule of Law," he said. - BERNAMA
Bernama
Sat Mar 18 2017
Sultan Nazrin and Tun Azrin at the launch of 'Justice Above All, Selected Judgments of Tun Arifin Zakaria With Commentaries' at a hotel here today. - BERNAMApic
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.