Independence of Judiciary in Malaysia and Pakistan: The Way Forward

Abstract

The provisions relating to the independence of the judiciary in the Islamic Republic of Pakistan and Malaysia are deficient and require reforms for securing the independence of the judiciary fully and more meaningfully. The purpose is to identify lacunas in the Constitutions of Pakistan and Malaysia relating to the doctrine of the independence of the judiciary and press for reforms. Comparative analyses of Malaysia and Pakistani constitutions have been made to press for reforms. Findings mandate revision of the Constitutions of Malaysia and Pakistan in the interest of independence of the judiciary and impartial decision-making. Results are very important in relation to proposing a solution for judicial discipline, quality of judgments, and justice according to law. Such conclusions drawn are the first of their kind after considering the constitution of Pakistan and Malaysia cumulatively.

Keywords: Independence of Judiciary, Malaysia, Islamic Republic of Pakistan, Reforms, Constitution