THE judiciary should be diverse to ensure the fair administration of justice, Sultan of Perak Sultan Nazrin Muizzuddin Shah told a law conference today.

He said judicial diversity also helps ensure the institution’s independence.

“In keeping with human nature, even the fairest-minded of judges may be influenced and swayed by their own worldviews and personal dispositions.

“The judiciary should, therefore, be drawn from as diverse a range of genders, ethnicities and cultural backgrounds as possible, to ensure the equitable administration of justice,” he said in his keynote address at the International Malaysia Law Conference in Kuala Lumpur.

“Judicial independence is especially important in parliamentary systems, where the executive and legislature are, to some extent, fused.

“Judicial oversight and the review of constitutional and administrative law and practice on matters of national and public interest are essential, to ensure that these comply with the spirit and substance of the law.”

The Perak ruler said in Malaysia, the Conference of Rulers is to be consulted on the appointment of the chief justice and senior judges, as stated in the federal constitution.

He said the consultation should not be taken lightly nor be seen as merely procedural, as the responsibility involves a great deal of effort.

He said the rule of law requires the effective separation of powers between the executive, legislature and judiciary, to allow for a judiciary that is independent, principled and courageous.

“It should also ensure that all persons, including governments, are held accountable to the law, no matter how powerful or wealthy they may be.

“The rule of law is, thus, inextricably connected to the protection of fundamental human rights and preservation of human dignity, as it prevents corrupt public officials from using their power to persecute or discriminate against particular groups or individuals.

“Ultimately, the acid test of the robustness of the rule of law in any society is the fate of the ordinary citizen, someone with limited means and without political power,” he said, adding that every citizen should have access to the law and is rightfully protected by it.

He said judges should have guaranteed security of tenure, so that they can conduct their work shielded from undue intimidation. – August 14, 2018.