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13 Sing. L. Rev. 85 (1992)
Clarity or Controversy - The Meaning of Judicial Independence in Singapore and Malaysia

handle is hein.journals/singlrev13 and id is 89 raw text is: Clarity or Controversy - The Meaning of Judicial Independence in Singapore and Malaysia PRELIMINARY To any student of Constitutional law, the need for judicial independ- ence can never be understated. In Singapore and Malaysia, our systems of government are based on the Westminster model that separates governmental powers into three branches, namely the Legislature, the Executive and the Judiciary and is essentially premised on the rule of law, that is, the supremacy of the Constitution as opposed to arbitrary rule. Unlike the United Kingdom where the Westminster model origi- nates from, the separation of powers and the rule of law are enshrined in written Constitutions together with the fundamental liberties of the citizens. Thus, the role of an independent Judiciary would be to uphold the Constitution by observing the rule of law and ensuring the account- ability of the Legislature and Executive in keeping within their Consti- tutional limits of their powers. There being a written Constitution providing for the mutual checks and balances, it seems that judicial independence could be ideally preserved in our systems of govern- ment.' However, it is too often easier to state an ideal than to define The writer is all too aware that this short paragraph hardly does justice to the explaining of the underlying philosophies and the workings of a Constitution. Instead, it serves only to paint in very broad brushstrokes the background and basic structure that suffice for the purpose of discussion here. See generally: Tan, Yeo and Lee Constitufional Law in Malaysia and Singapore, (1990 edn), Caps 1 - 7.

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