Chief Justice of the Federal Court Tun Zaki Azmi want his judges to practise judicial restraint.
"While it may be good and necessary in some instances, in my opinion, it can be a dangerous weapon in the hands of a too activist judge," he said in his paper titled "Judicial Activism: Is it activism or plain interpretation?"
Zaki said such judges could overly expand or narrow down a set of legal principles based on personal ideals.
"Who are we (the courts) to give a different interpretation if the words and intentions are obviously clear.
He wants them to play the role of being interpreter of laws passed by the legislation (Parliament and state assemblies) and not be an extreme judicial activist.
Read more: Practise judicial restraint, judges told http://www.nst.com.my/nst/articles/14role/Article/#ixzz0vDeJ5DSN
Sri Ram said it was the courts that were the ultimate bastions against executive incursions on the freedom and fundamental rights of individuals.
Read more: ‘Don’t be too literal in interpreting law’ http://www.nst.com.my/nst/articles/2010073100502320100731005023/Article/#ixzz0vDcKqEMN
‘Don’t be too literal in interpreting law’
“Where the courts fail in this duty, even the most carefully crafted constitution cannot provide security to ordinary citizens,” he said in his paper titled: “How Do I read the Constitution: Recent Developments in Interpretation and Implementation”.
