KUALA LUMPUR: Laws must be viewed as a living tapestry shaped by judicial reasoning, not just as a rigid system of rules and precedents, says Datuk Seri Wan Ahmad Farid Wan Salleh.
The Chief Justice said the development of our laws depends on the quality and integrity of judicial decision-making over time.
“Each judgment, each carefully considered ruling, adds colour and texture to this tapestry,” he said in a speech at the launch event of a new book by retired Justice Tan Sri Harmindar Singh Dhaliwal on Saturday (Feb 7).
Wan Ahmad stressed that all judges must be guided by a consistent thread of principle in every decision they make, regardless of the nature of the case.
“Whether addressing technical complexities or matters of grave human consequence, the careful balance between legal doctrine and human dignity, and between jurisprudential rigour and practical justice, is always key.
“Let us continue integrating public and private law remedies, placing the evidentiary burden squarely on the state, and restricting ouster clauses to preserve judicial oversight,” he added.
He emphasised that such approaches reinforced a fundamental constitutional principle, that it exists to protect the people, not shield the states from accountability.
The Chief Justice highlighted that the law should never be viewed as an end in itself, but as a means of serving the wider interests of the people.
He reminded judges to always remain conscious of the real-world impact of their decisions on ordinary Malaysians who come before the courts.
“When ordinary Malaysians come before our courts, they deserve judges who bring not only learning and logic, but also wisdom and empathy.
“We must remember that a jurist’s legacy is measured not by the number of cases decided, but by enduring contributions to legal principle and justice,” he added.
Wan Ahmad also said the new book, which compiles key judgments by Harmindar over the course of his tenure in the courts, was a valuable addition to the Malaysian legal system as a valuable source of legal knowledge for future judges, practitioners, academics and students.
