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26 IIUMLJ 1 (2018)

handle is hein.journals/iiumlj26 and id is 1 raw text is: 26 (1) 2018 IIUMLJ 1 - 6 SPECIAL FEATURE: NO JUDGE IS A PARLIAMENT* Tun Abdul Hamid Mohamad** When Dr Azmi Harun told me about this symposium, I said to him that if the organisers were willing to hire an ambulance to take me there, I was prepared to go. As it turned out to be, HUM has its own ambulance. So, I am here. I only asked for fifteen minutes to say what I want to say regarding an issue, which, to me, is of utmost importance to lawyers, parliamentarians, the executives, politicians, indeed to every citizen of this country. Unfortunately, most people are either not aware of it or does not seem to realise its implications. We talk about separation of powers between the Legislature, the Executives and the Judiciary. Very often, we focus on the Executives encroaching on the jurisdiction of the Judiciary. But, do we ever think of the reverse, i.e. the Judiciary encroaching on the jurisdiction of the Executives and the Legislature? Article 159 provides that certain parts of the Constitution may be amended in a certain way. The power to amend the Constitution is vested in the Parliament. Nowhere does it say that certain parts or the Constitution cannot be amended. Nor does it say that judges may amend the Constitution to the effect that certain provisions of the Constitution cannot be amended by Parliament. Yet what happened in Sivarasa Rasiah v Badan Peguam Malaysia & Anor. [2010] 2 MLJ 333 and Semenyih Jaya Sdn Bhd v Pentadbir Tanah Hulu Langat (2017) 3 MU 561? * Speech delivered at the Symposium on Constitutional Oath, Rule of Law, and Supreme Policing Role of the Judiciary, International Islamic University of Malaysia, 30th March 2018. ** Former Chief Justice of Malaysia, email: tunabdulhamid@gmail.com .

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