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A FRAGILE BASTION UNDER SIEGE - THE 1988 CONVULSION IN THE MALAYSIAN JUDICIARY BY H. P. LEE* INTRODUCTION Every government in the world swears belief in the independence of the judiciary, but some governments work subtly to undermine it.' In 1988 a constitutional drama with disturbing implications for constitutional- ism unfolded in Malay~ia.~For the first time in Malaysian legal history, the highest judicial officer in the land was suspended and, after an inquiry to determine whether he should be removed for alleged 'misbehaviour', was subsequently rem~ved.~Following in the wake of this shocking development, two other senior judges of the Supreme Court were, after an inquiry by a second tribunal, also removed from office. The high drama should be seen in the context of a 'high stakes' political struggle within the ranks of the United Malay National Organisation or * LL.B., LL.M., Ph.D. Associate Professor of Law, Monash University. I benefited from the award of an Australian Vice-Chancellors' Committee Fellowship which enabled me to conduct the research for this article in Malaysia and Singapore from December 1988-January 1989. I wish to record my gratitude to the Faculty of Law, National University of Singapore for receiving me during that period as a Visiting Research Scholar. 1 Tun Mohamed Suffian, 'The Role of the Judiciary' [I9871 2 Malayan Law Journal xxiii, xxiv. 2 See, generally, Tun Salleh Abas, The Role of the Independent Judiciary (The Sir John Foster Galaway Memorial Lecture delivered at University College, London, on 4 November 1988). The Lecture was published in book form by Promarketing Publications in 1989; Tun Salleh Abas with Das, K., May Day for Justice (1989); Hickling, R.
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