Chief Justice Tun Tengku Maimun Tuan Mat has reminded the lower courts to follow the precedents set by the higher courts, particularly the Federal Court, which cannot easily stray from precedent.
She emphasized the importance of sticking to legal precedents as it provides clarity and certainty for the public. In her speech at the Opening of the Legal Year 2024 at the Putrajaya International Convention Centre (PICC) Monday, Justice Tengku Maimun stressed that individual opinions of judges are not relevant due to the principle of stare decisis (to stand by things decided).
Even if a lower court believes that a decision of a higher court is incorrect, they are obligated to abide by it, according to Justice Tengku Maimun.
Justice Tengku Maimun also highlighted the importance of upholding concepts such as constitutional supremacy in Article 4(1) of the Federal Constitution, which have been firmly established in the country’s legal framework.
She also noted that it is inappropriate for judges to dispute the existence of certain legal concepts, such as stare decisis, and emphasized that these principles must be observed by not only judges but also all officers of the court, including advocates from the Bar and those in the public service.
Justice Tengku Maimun expressed concern about a minority of advocates citing cases without acknowledging that the cited cases or principles have been expressly overruled. She emphasized the need for professional courtesy among advocates in presenting legal arguments.
She specifically called out senior advocates who put forth untenable propositions based on selective, dishonest, or distorted interpretations of earlier cases, stressing that such practices must be stopped.
Additionally, Justice Tengku Maimun commended the government for allocating funds to enhance the capabilities of the Construction Court and the Kuala Lumpur Commercial Courts, but also invited the government to consider further funding to continue to compete and remain on par with international standards.
