Upholding The Federal Constitution : The Judicial Thoughts of Dato' Seri Hishamudin Yunus

Upholding The Federal Constitution : The Judicial Thoughts of Dato' Seri Hishamudin Yunus

The commentary in this book analyse Dato' Seri Hishamudin Yunus' most important rulings. He is a retired Malaysian Court of Appeal judge who passionately believes in the idea of judicial independence.

His dedication to judicial independence is a result of his admiration for a check and balance system that works well to guarantee that the executive and legislative branches stay within their constitutional bounds.

Justice Hishamudin sees the law as the manifestation of justice, and his rulings gave the Federal Constitution of Malaysia several sections relating to fundamental rights living. He had to pay a price for being an unbiased judge who always upheld the law and the Federal Constitution while being faithful to his judicial oath. In 2015, despite being the most senior Court of Appeal Judge, he was not elevated to Malaysia's highest court, the Federal Court.

In his more than 700 decisions over the course of his 23 years on the bench, Justice Hishamudin has made some significant rulings, which are covered in this book.

"The impugned provision is irrational. Most university students are of the age of majority. They can enter into contracts. They can sue and be sued. They can marry, becomes parents and undertake parental responsibilities. They can vote in general elections if they are 21 years old. They can become directors of company. They can be office bearers of societies. Yet - and herein lies the irony - they are told that legally they cannot say anything that can be construed as supporting or opposing a political party.
In my opinion such a provision as Section /5(5)(a) of the UUCA impedes the healthy development of the critical mind and original thoughts of students - objectives that seats of higher learning should strive to achieve. Universities should be the breeding ground of reformers and thinkers, and not institutions to produce students trained as robots. Clearly the provision is not only counter-productive but repressive in nature.' "

- Hishamudin Yunus ]CA in Muhammad Hilman Idham & Ors v. Kerajaan Malaysia & Ors [201 |] 9 CL 50 -

Dato' Seri Mohd Hishamudin, a former Malaysian Court of Appeal judge with 23 years of judicial service and approximately 700 written judgements, is now retired. He began his career in the Malaysian Judicial and Legal Service in 1973 as a Magistrate in Kuala Lumpur after studying law at the London School of Economics and Political Science. Later, he held positions such as President of Sessions Court, Deputy Public Prosecutor, State Legat Advisor for the State of Selangor, Deputy Parliamentary Draftsman, and Chief Registrar of the Supreme Court, among others. Justice Hishamudin is currently a Constant with the Kuala Lumpur and Penang offices of the legal firm Rosli Dahlan Saravana Partnership.

Te is a fellow of the Asian International Arbitration Centre (AIAC), where he is also a certified arbitrator. In addition, Justice Hishamudin serves as the Chairman of the Malaysian Competition Commission (MyCC) and was once a member of the country's Human Rights Commission (SUHAKAM). He has also had a position on the Judicial Appointments Commission in the past (AC).

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