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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Case and Legislation Notes

    Judicial Independence, The Separation of Powers, and Criminal Investigations of Judges

    First view: [Sep 2025 Online] Sing JLS 1-11
    In Haris Ibrahim, the Federal Court of Malaysia discussed the legal limits to executive authorities’ powers to investigate judges on suspicion of crime. The case is a rare contribution to the jurisprudence on judges’ criminal liability at common law, as well as a case study in the challenges of reconciling judicial independence with other principles of the constitutional framework and other actors’ roles therein. The Court held that the implied constitutional principle of judicial independence requires that executive authorities follow a “set of protocols” (which the Court formulated) when investigating sitting judges. This was not wrong in principle, but the Court’s understanding of the separation of powers did not give sufficient weight to other constitutional principles which require that the executive, too, be able to do its job without being unduly hindered – particularly when that job itself serves to safeguard constitutional values such as judicial accountability.
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