Independence of the judiciary in Malaysia can be further improved by: * Selection and promotion of judges—The use of an objective, merit-based, and transparent process for promotion and selection of judges can be an important step toward enhancing professionalism among the judiciary and increasing the public’s confidence in its integrity and abilities. * Disciplinary procedures— In a democratic context, disciplinary procedures are as much a mechanism to ensure judicial integrity and professionalism as they are important tools for securing a judge’s tenure. A well-designed, transparent disciplinary process reduces the vulnerability to abuses that affect judicial independence. * Transparency of court decisions and operations— The organization and procedures of a court can create a transparent operation with built-in checks that reduce opportunities for interfering with court decisions. Good records management and features such as random case assignment can greatly decrease opportunities for bribery, intimidation, or manipulation. Requiring that judges state the reasons for their decisions in published opinions deters rulings based on considerations other than law and facts. * Judicial capacities and ethics— Only a judiciary that garners high professional regard can fully function as a third branch of government and be accepted by the legislature and executive as an equal power. Judges who lack sufficient commitment to an independent judiciary, or who do not have adequate training and skills, are more vulnerable to outside influence.
There are many more ways to improve the independence of judiciary in Malaysia, but in my opinion these are the best four ways to be executed. Thank you.