undang-undang adalah dunia saya

wahhh!tajuk entri xboley grand lagi ke?

hahahhaha..

sekarang dah pukul 6 lebih

ada org kata baca pun dah xbrapa masuk dah..

betul ke?setakat mana kesahihannya pun saya xtahu..

so..end up..

saya decide untuk menulis sedikit revision di sini..

ecececece..nanti nampak ilmiah la sket blog ni kan..:)

ok..firstly, saya nak focus dekat judicial independence dulu..

>>ladies and gentlemen<<

kindly pay ur attention to what comes in the next linessss..

In all the democratic countries, judicial forms a central place in the constitutional set-up of the land.

Judges are the essential part of the system of check and balance that is put place to prevent the abuse of power.

In the FC (stands for Federal Constitution or Perlembagaan Persekutuan),

there are several safeguards for the judicial independence. 

they can be divided into seven categories which are:-

i)method of appointments;

ii)security of tenure;

iii)terms of service;

iv)contempt of court;

v)insulation of politics;

vi)judicial immunity;

vii)court system

ok..now, we move on to the first thing which is;

method of appointment..

in Malaysia, as in the most legal systems,

the power of appointment is in the hand of executive.

however, the constitution seeks to ensure that

those with qualification, integrity, temperament and caliber

to fulfill the hallowed wall of judiciary.

in Article 123 of FC,

there are two formal rules of eligibility of the appointment.

firstly, 

the nominee must be Malaysian

whether by law or naturalization.

secondly,

he or she must possess minimum professional experience

of 10 years preceding his or her appointment.

the experience either as an advocate of the court or

the member of judicial and legal service of federation or state.

in Malaysia, before February 2009,

there is no special body for the appointment of judges.

Article 122B requires extensive, multi-layered consultation

the PM,senior most judges, YDPA

and the Conference of Ruler.

COR here act as a check and balance. 

however, it should be noted that consultation doesnt mean consent.

after February 2009, 

the Parliament agreed to appoint

Judicial Appointment Commission

to conduct merit evaluation and

to recommend names to the government. 

JAC was established on 2nd Feb

with the coming into effects JAC Act 2009 (Act695)

on 9th Feb, PM had appointed 9 Commissioner 

as stated under Section 5 of the Act 695.

ok..DONE with first..

wanna proceed with security of tenure?

hihihi..

nanti sambung malam ni je la..

peace!