SELECTING OUR JUDGES: DOES MALAYSIA NEED A CHANGE?

Abstract

Around the world, the judicial selection method can be divided into four categories: selection of judges by the Head of State on advice of the executive, selection of judges by the Parliament or Legislative Assembly, selection of judges by public election and selection of judges by the judicial council or judicial commission. The most common type of judicial selection in the world is by the Head of State on advice of the executive. The majority of Commonwealth countries, including Malaysia, have selected judges through this method based on recommendation from the Judicial Appointments Commission. This article provides an overview of the different types of methods of judicial selection of judges in the higher courts adopted worldwide and discusses the best-fit method for Malaysia to emulate in the selection of judges to the higher courts.