Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor

The Judiciary in Malaysia often has to raterate its independence of the Executive. In other parts of the world this would have been an occasion for serious concern as it would seem to imply that the government is attempting to control the judges. Actually the local Judiciary is continuing a dialogue...

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Bibliographic Details
Main Author:	Mohd. Nor, Mohd. Daud
Format:	Student Project
Language:	English
Published:	Faculty of Law 1987
Subjects:	K Law in general. Comparative and uniform law. Jurisprudence Malaysia
Online Access:	http://ir.uitm.edu.my/id/eprint/27573/ http://ir.uitm.edu.my/id/eprint/27573/1/PPd_MOHD.%20DAUD%20MOHD.%20NOR%20LW%2087_5.pdf

id	uitm-27573
recordtype	eprints
spelling	uitm-275732020-01-22T03:22:11Z http://ir.uitm.edu.my/id/eprint/27573/ Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor Mohd. Nor, Mohd. Daud K Law in general. Comparative and uniform law. Jurisprudence Malaysia The Judiciary in Malaysia often has to raterate its independence of the Executive. In other parts of the world this would have been an occasion for serious concern as it would seem to imply that the government is attempting to control the judges. Actually the local Judiciary is continuing a dialogue with sections of the public which feel it has not stood up adequately to protect fundamental rights against executive incursions. Since Independence thirty years ago. the government has detained without trial political prisoners loosely— termed as 'subversives' under the Internal Security Act 1960. Many cases came up for hearing in the courts but few petitioners, if any, were released from detention. The general feeling among lawyers is that the judges could have done more in upholding basic rights. This writer agrees with the general criticism but is also of the opinion that the Judges have the difficult task of balancing public interests against individual's interests. This paper seeks to show that their pro-government decisions are actuated by the interest for the general security of the public, which may be harsh to the individual. "his has been the trend since Independence. Faculty of Law 1987 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27573/1/PPd_MOHD.%20DAUD%20MOHD.%20NOR%20LW%2087_5.pdf Mohd. Nor, Mohd. Daud (1987) Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	K Law in general. Comparative and uniform law. Jurisprudence Malaysia
spellingShingle	K Law in general. Comparative and uniform law. Jurisprudence Malaysia Mohd. Nor, Mohd. Daud Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
description	The Judiciary in Malaysia often has to raterate its independence of the Executive. In other parts of the world this would have been an occasion for serious concern as it would seem to imply that the government is attempting to control the judges. Actually the local Judiciary is continuing a dialogue with sections of the public which feel it has not stood up adequately to protect fundamental rights against executive incursions. Since Independence thirty years ago. the government has detained without trial political prisoners loosely— termed as 'subversives' under the Internal Security Act 1960. Many cases came up for hearing in the courts but few petitioners, if any, were released from detention. The general feeling among lawyers is that the judges could have done more in upholding basic rights. This writer agrees with the general criticism but is also of the opinion that the Judges have the difficult task of balancing public interests against individual's interests. This paper seeks to show that their pro-government decisions are actuated by the interest for the general security of the public, which may be harsh to the individual. "his has been the trend since Independence.
format	Student Project
author	Mohd. Nor, Mohd. Daud
author_facet	Mohd. Nor, Mohd. Daud
author_sort	Mohd. Nor, Mohd. Daud
title	Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
title_short	Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
title_full	Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
title_fullStr	Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
title_full_unstemmed	Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor
title_sort	independence of the judiciahy - a study of a recent trend / mohd. daud mohd. nor
publisher	Faculty of Law
publishDate	1987
url	http://ir.uitm.edu.my/id/eprint/27573/ http://ir.uitm.edu.my/id/eprint/27573/1/PPd_MOHD.%20DAUD%20MOHD.%20NOR%20LW%2087_5.pdf
first_indexed	2023-09-18T23:18:37Z
last_indexed	2023-09-18T23:18:37Z
_version_	1777419280531324928

Independence of the judiciahy - a study of a recent trend / Mohd. Daud Mohd. Nor

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