CJ: Constitution allows courts to review govt decisions

SHAH ALAM: The Chief Justice, Tun Arifin Zakaria, has denied allegations that the courts could arbitrarily interfere in the decisions of the Executive without being supported by any clear legal provisions.

He said the courts actually had the power to revise the decisions of the Executive as provided under the Federal Constitution through Section 25 (2) of the Courts of Judicature Act 1964.

“I am compelled to refute claims made by certain quarters that the power of judicial review is a creation of the judiciary alone … sometimes there are allegations that a judicial review is a form of violation or interference into the power of the Executive.

“It is true that judges are not elected as members of Parliament. However, the courts have the power to review the decisions of the Executive and it is specifically provided for by the Federal Constitution,” he said at the convocation of Universiti Teknologi Mara (UiTM) on Saturday.

He said the application for judicial review was a process to see whether an action or decision of the Executive was in accordance with the requirements of the constitution.

‘If an action is found to be in violation of the requirements of the Constitution, the court has the power to declare the action as ultra vires and void,” he said.

Arifin was awarded an Honorary Doctorate in Law by UiTM Pro-Cancellor Dr Arshad Ayub.

-BERNAMA

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