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The 1988 Constitutional Crisis in Malaysia

THE year 1988 witnessed some remarkable events in Malaysia. Not only was the ruling party held by a High Court judge to be an illegal society, but this event led indirectly to executive interference with the judiciary resulting in the removal of the Lord President of the Supreme Court, the country's most senior judge, and two other judges of the Supreme Court. Put shortly the problem is not an unfamiliar one in the Commonwealth countries of Asia and Africa. A judiciary in the process of flexing its muscles and exercising the independence vouchsafed to it by the constitution incurred the anger of an executive which took a very different view from the judiciary of the nature of the separation of powers under the constitution. The particular form this familiar story took is, however, of great interest because it brings together a number of extraordinary factors, political, legal and cultural, and reveals much about the difficulties which face judges in the rapidly industrialising countries of Asia.