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Indepedence of Judiciary

Indepedence of Judiciary

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Published by nadrafatima
Independence of Judiciary, Malaysia, IIUM
Independence of Judiciary, Malaysia, IIUM

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Categories:Types, Research, Law
Published by: nadrafatima on Jul 02, 2010
Copyright:Attribution Non-commercial

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01/23/2013

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1
CENTRE FOR FOUNDATION STUDIES OFINTERNATIONAL ISLAMIC UNIVERSITY OF MALAYSIANILAI
GENERAL PRINCIPLES OF LAW IISAM 2283
WRITTEN ASSIGNMENT 
SEM 2, 2009/2010MADAM BADARIAH HAJI SADIN GROUP 3
No. Group Members’ Name Matric No.
1.
 
AIZUREEN BT MOHD ANINI
085273
2.
 
‘ADILAH BINTI SABRI
085435
3.
 
WARDATUL IKMAL BT MOHD KAMAL
085439
4.
 
NADRA FATIMA BINTI MANNAN
085789
5.
 
ALIA BINTI ABDULLAH
085814
 
2
CCoonntteennttss
 
TOPIC PAGE
 
 Introduction 3-4
 
 Elaboration 5-17 
 
 Bibliography 18
 
3
“Judges are qualified person appointed to be the member of the judicial and legal servicesof the Federation. They enjoyed full immunity and not easily to be removed.” 
Elaborate of the special rights given to the judges and to what extent their immunity isbeing safeguarded.
INTRODUCTION
In order to perform the court’s role in determining the constitutionality of statutes andadministrative actions, court must be independent from the other two branches of government. This is called the ‘Independence of Judiciary.’ There are many ways to ensurethis. In the theory of the independent judiciary by Alexander Hamilton, (America's firstlawyerswho wrote most of the
,a primary source for Constitutionalinterpretation
)
, he stated,
“Next to permanency of office, nothing can contribute more to the independence of the judges than a fixed provision for their support…In the general course of human nature,
a power over a man’s subsistence amounts to a power over his will 
. And we can never hope to see realised in practice the complete separation of the judicial from the legislative power, inany system which leaves the former dependent for pecuniary resources on the occasional  grants of the latter…This provision for the support of the judges bears every mark of  prudence and efficacy; and it may be safely affirmed that, together with the permanent tenureof their offices, it affords a better prospect of their independence than is discoverable in theconstitutions of any of the states, in regards to their own judges.”
The concept of judicial independence requires that judges be free from any interference inthe exercise of their judicial powers. Each judge must be independent from externalinfluences that may seek to reduce his or her objectivity and impartiality. This requiresindependence both from the other branches of government, and from any other influencesthat may affect the capacity of a judge to decide a case strictly on the basis of its legal merits.It also requires independence from other judges involved in decision making, although thesystems of appellate and judicial review necessarily impinge on a judge's independence of action. An impartial assessment of the facts and objective application of the law are essentialfor legal independence.

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