The Commonwealth Magistrates’ and Judges’ Association (CMJA) Brisbane Declaration

Judicial independence for the lower courts, especially at the magisterial level, is often disregarded, be it administratively or in academic studies. Shortcomings in the independence of the Malaysian magistracy, though apparent, were never systematically evaluated against the judicial independence benchmarks. By using the Brisbane Declaration 2018, a Commonwealth Magistrates’ and Judges’ Association (CMJA) established instrument that prescribed standards of independence for the magistracies, this article briefly assesses the state of magisterial independence in Malaysia. The analysis confirms that institutional independence, adjudicatory independence and administrative independence of the Malaysian magistracy have been compromised. Certain essential formal safeguards of judicial independence are also absent. This lack of magisterial independence is mainly attributable to the complexity of the courts’ administrative structure that exists as a hybrid framework between the Executive and the Judicature. Hence, further in-depth study of this matter is required to preserve the dignity, integrity, impartiality and independence of the Malaysian magistracy

Adjudication · Commonwealth · Declaration of independence · Dignity · Impartiality · Independence (probability theory · Judicial Independence · Political science · Politics · Law · Law, logistics, and international trade · Legal principles and applications · Public Administration

• The Constitution of Malaysia

  R S Milne, Tun Mohamed Suffian et al.•Pacific Affairs•1979

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