PETALING JAYA: A dedicated Law Ministry will be pivotal in coordinating policy, formulating sound legislation and strengthening the country’s legal infrastructure, say constitutional experts and lawyers.
Emeritus Prof Datuk Dr Shad Saleem Faruqi (pic) said if Prime Minister Datuk Seri Anwar Ibrahim’s suggestion yesterday includes comprehensive law reforms, it would be a commendable and much-needed initiative.
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“There is a pressing need for a full-fledged, independent and permanent Law Reform Commission, one that can respond to the evolving needs and complexities of modern society.
“Existing legal units within various ministries often lack the independence and scope required to take a broad, inclusive and holistic approach to reform,” he said when contacted yesterday.
Commending Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said for her zeal and commitment, Prof Shad Saleem said: “If this important responsibility is to be undertaken by her ministry, I fully support the move.”
Malaysian Bar president Mohamad Ezri Abdul Wahab welcomed the announcement, calling it a positive step towards strengthening the rule of law and national institutions.
“For too long, legal affairs have been placed under the Prime Minister’s Department, a practice that does little to assure the independence of our core legal institutions or to inspire public confidence in the administration of justice.
“The creation of a full-fledged Ministry of Law, as seen in many jurisdictions, would allow for a body dedicated solely to the development of the legal sector, the review of existing legislation and the formulation of sound and just legal policies,” he said.
Concerns about duplication or redundancy could also be addressed through a clear mandate, he added.
“The new ministry should not replace the legal divisions of other ministries or the Attorney General’s Chambers (AGC) but instead serve a complementary role by providing coherence, coordination and leadership in legal policy and reform.
“The Malaysian Bar has long advocated for the establishment of an independent Law Commission within such a ministry, tasked with conducting thorough research, wide consultation and recommending necessary reforms, including the repeal of outdated or unjust laws,” he said, adding that the Malaysian Bar is ready to engage with the government on the initiative.
Former law minister Datuk Zaid Ibrahim also gave his approval, saying it shows the government’s positive intention to appoint a Law Minister independent of the Prime Minister’s Department.
“It shows that the government recognises the importance of the law and that it deserves a proper ministry and not a department.
“The establishment of the ministry will also reorganise the AGC and revamp the judicial and legal services. Congratulations to the Prime Minister but he needs to be serious about it,” said Zaid.
Association of Women Lawyers committee member Meera Samanther said it is important to have a dedicated ministry with the objective of strengthening coherence and streamlining decision-making, and help strengthen access to justice for marginalised groups.
“We need national legal standards, national legal policy and national legal reforms. The Law Ministry will also be central in coordinating with all other ministries,” she said.
Parliament’s Human Rights, Election and Institutional Reform special select committee chairman William Leong said a Law Ministry is necessary to deal with various issues relating to the legal system and administration of justice.
