Constitutional adherence plays a critical role in shaping perceptions of Malaysia as a secure and stable environment for economic activity, former chief justice Tengku Maimun Tuan Mat said today.
Speaking at a lecture here, Tengku Maimun said there was an intrinsic connection between strong constitutional governance and the broader stability and wellbeing of a nation.
Adding that the Federal Constitution clearly defines the roles and limits of each branch of government, she warned that when constitutional boundaries are eroded – whether through legislative overreach, executive interference or the weakening of institutional safeguards – the consequences extend far beyond the realm of legal doctrine.
“They strike at the heart of our constitutional order, which upholds the rule of law, separation of powers and, ultimately, legitimacy of public authority,” she said.
“Investors, businesses and financial institutions base their long-term investments and economic planning on expectations of legal certainty, impartial adjudication and the protection of property and contractual rights.
“A judiciary that is independent and consistent in applying the law reinforces these expectations. Conversely, when laws are applied inconsistently or when institutions appear vulnerable to external pressure, investors’ confidence is undermined.”
She was speaking at the Allianz Centre for Governance’s Distinguished Speaker Series inaugural lecture titled “The Sanctity of Malaysia’s Federal Constitution: Threats, Solutions and Impact on National Governance”.
Tengku Maimun said there would be less room for the arbitrary exercise of power when each branch of government operates within its prescribed limits and respects the institutional independence of the others.
She said this, in turn, fosters public trust in the government and strengthens the credibility of public institutions.
“When this constitutional framework is disrupted, when one branch seeks to dominate or silence another, the rule of law is placed at risk,” she said.
“In such moments, the judiciary is not merely permitted but obligated to act in accordance with the solemn oath to protect, preserve and defend the Federal Constitution.”
Tengku Maimun served as the country’s top judge from May 2019 to July 1 this year.
