BANGI, Aug 29 — The Judiciary is a vital institution and a key pillar in upholding justice, safeguarding the well-being of the people, and preserving the nation’s integrity, said former Chief Justice Tun Dr Tengku Maimun Tuan Mat.
She said the institution plays a crucial role in ensuring transparency and fairness under the Federal Constitution, while safeguarding the rule of law.
“Judges ensure that the rule of law is upheld, protect the fundamental rights of the people against any abuse of power, and reject all forms of misconduct through the system of checks and balances,” she said in her lecture titled ‘‘Integriti Pemangkin Jiwa Merdeka’ at Universiti Kebangsaan Malaysia (UKM) here yesterday.
Tengku Maimun, a Professor of Practice at the UKM Faculty of Law (FUU), also holds the Tuanku Muhriz Royal Chair in Integrity and Good Governance.
The Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, and the Tunku Ampuan Besar of Negeri Sembilan, Tuanku Aishah Rohani Tengku Besar Mahmud, graced the lecture.
Also present were UKM Pro-Chancellors Tunku Besar Seri Menanti Tunku Ali Redhauddin Tuanku Muhriz and Tan Sri Datuk Rafiah Salim; Chairman of the UKM Board of Directors, Datuk Johan Idris; and UKM Vice-Chancellor Prof Datuk Dr Sufian Jusoh.
Tengku Maimun said the Judiciary’s critical role as the bulwark, protector, and guardian of the Constitution becomes increasingly evident when it ensures that no institution of the state, be it the executive or the legislative, exceeds the powers conferred upon it by the Constitution.
She noted that Malaysia upholds the principle of constitutional supremacy, rather than the doctrine of parliamentary sovereignty practised in the United Kingdom.
“Article 4(1) of the Federal Constitution also stipulates that any law enacted after Merdeka Day which is inconsistent with the Constitution shall, to the extent of the inconsistency, be void.
“This is where the critical role and heavy responsibility of the Judiciary lie, as the bulwark, protector, and guardian of the Constitution,” she said.
Tengku Maimun said the Judiciary’s role in safeguarding the rights and well-being of the people is reflected in various court rulings involving the right to a livelihood, environmental protection, freedom of speech, the customary land rights of the Orang Asli, and citizenship.
Meanwhile, she said integrity goes beyond merely refraining from corruption or complying with rules; rather, it is a commitment to doing what is right even when it is difficult, personally disadvantageous, or unpopular.
She said an organisational culture focused solely on superficial compliance could produce individuals who seek legal loopholes to evade punishment, whereas moral integrity demands that one asks what the right and proper course of action is.
According to her, integrity also hinges on an internal compass that compels a person to do what is right when no one is watching, as well as the ability to withstand external pressure, demands, and temptations.
She said fostering a culture of integrity requires consistency between words and actions, transparent monitoring systems, merit-based appointments, equitable enforcement of the law, and the firm imposition of penalties without fear or favour.
“Integrity, at its highest level, is the profound realisation that no personal secret, confidential document, off-the-record transaction, or hidden intention is shielded from His (God’s) scrutiny,” she said.
Tengku Maimun further said that the concept of Jiwa Merdeka (a liberated spirit) refers not merely to freedom from physical colonisation, but to a continuous and active process of liberation.
“Jiwa Merdeka is a continuous and active process of liberation. It demands the freedom of the mind to think rationally, freedom from the shackles of corruption, malfeasance, and moral decay, freedom from the tyranny of abuse of power, and freedom from ethical compromises that sacrifice personal dignity solely to preserve rank and position,” she said. — Bernama
