Judicial interpretation: a conceptual analysis / Noor ‘Ashikin Hamid and Rusniah Ahmad

The executive’s lamentation is best borne out in these words of Dr Mahatir Mohamad: ‘Judicial review empowers the interpreters of the law with unlimited scope such that they can deny the effectiveness or smooth enforcement of whatever law. No one can predict the result of a review of a judge because the end result depends on maintenance of this relationship is that the judiciary will decline to his discretion. Having arrived at the decision that anyone can bring the Government to court, the Government can no longer decide anything with exactitude. Each decision can be challenged and perhaps be rejected. So the Government is no longer the executive power. Other parties have taken over the task.’ The role of the judges in interpreting the laws is innovative and creative. The paper is aimed to discuss the methods of judicial interpretation; and to analysis the extent of its application in Malaysia context. The methodology used in order to achieve the above objective is qualitative in the form of descriptive study. A large number of decided cases have been studied extensively to gain comprehensive understanding. It is hoped that this paper will contribute towards better understanding of the role of the judges in achieving a fair judgment.