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This clearly show that Malaysia DOES NOT have a culture in promoting democracy.

You can sick of argue this, but go check the school, everyday life, government department,etc, what make you think Malaysian practice democracy as a cultures? Without a real cultures, Malaysia can fall apart anytime. IMHO, unity is useless shit if the people don't know what is democracy.

Worst, when the all falls apart, it is those MAJORITY votes from kampung people that help this trend. When the tree fells, this people will blame the middle class uprooting the tree.

I am surprised at the ignorance. If the PM does not nominate then who is in the position to do so?

JEFF OOI says: Your remarks below this line tell the fault line that made Judiciary subservient to the system that runs the Executive. You had it with your eyes open, and ignorance, as they say, is bliss. Nevertheless, a stagnant mind is no different to a closed, contented worldview.

The safeguard is that it has to be approved by the conference of rulers who in this case has not accepted the nomination.

Another safeguard is that the appointment, once made, is normally for life. I said normally, because the last PM found the ways and means to remove the Chief Justice.

AFAIK, this is also the practice in the US.

Zakk is factually correct.

In the US, the President nominates his/her (hopefully after 2008) choice to the Supreme Court subject to confirmation by the Congress.

The relevance is whether what is being done in Malaysia (ie nomination by the PM) is in accordance with the Constitution.

It is not against the Constitution for nomination by the PM. Whether the choice is made justly and in the interest of the common good is entirely a different matter. That is the fault of the circumstances and not the system.

I do not think Jeff's remark here is called for.

I hope that when Jeff is elected to the august House that he be more tolerant of dissent and challenge to his views than say Nazri (what difference of an "n" in the name makes).

JEFF OOI says: Take me as a devil's advocate. As always, I want to provoke idle minds.

Because he can expect much worse from his honourable friends from across the aisle.

oops ... your advocacy for the devil has attracted more friendly fire

http://malaysia-today.net/blog2006/index.php?itemid=7152

not sure whether cybertroopers or not though :-)

JEFF OOI says> Let the debate rattle on to jolt the idle mind. Look beyond the obvious and may you find new paradigm.

Zakk: "I am surprised at the ignorance. If the PM does not nominate then who is in the position to do so?"

__________________

Why don't they let the judiciary nominate? What better than to be nominated by your peers? Why does the PM get to do the nomination when there is supposed to be a separation? Does the judiciary get to nominate the PM?

banjaran,

First they would have to rewrite the constitution and I don't think that's a document you want to mess around.

Next, who is going to rewrite the constitution except for the legislative branch that is controlled by the ruling party headed by the PM.

Plus, you think it is a good idea for judges to be campaigning openly to get nominated? So what if you get nominated and the conference of rulers do not endorse?

JEFF OOI says: Malaysia practises Constitutional Monarchy model and this is institutionalised in the Federal Constitution. The 1984 evision of the Constitution further strengthened the constitutional monarchy role of the Agong, and by extension the Conference of the Rulers. Hence whether the Agong endorses the nomination for the senior most of the Judiciary -- including the Chief Justice (formerly the Lord President), Chief of Appeal Court, the Chief Judges of Malaya and Borneo -- becomes realistically an issue of lesser significance. There are concerns that the institution of the Agong, being constitutional monarchy, had been rendered a super "rubber stamp", and Bar Council president Ambiga Sreenevasan stressed yesterday that yhe Conference of Rulers should not treated as 'rubber stamps' in the appointment of top judges as the Institution of Rulers was provided for in the Constitution as a form of check and balance. Read Malaysiakini story here.

Sorry, I think this is idle thinking of an idle mind.

JEFF OOI says: I will be greatly heartened if we look beyond the obvious and proffer a resolution, or a set of resolutions to further strengthen the notion of Parliamentary Democracy.

Jeff,

The issue of the appointment of senior judges is a world wide problem. Finding a solution that cannot be abused may not be possible as this is an intrinsically difficult problem.

We live in an imperfect world that depends on the key institutions to function effectively to have an equitable and sustainable system. This by the way includes the functions of the oppositions. Unfortunately, our institutions are so eroded that it will take more than a generation to fix. We can start by having clear headed people who can look at the issues dispassionately rather than driven by emotions or looking for simplistic solutions. Complexity is what is and will be!