Law and the judiciary: Divides and dissent in Malaysia
Document Type
Article
Publication Date
1-1-2018
Abstract
Malaysia is a common law country, and as such the decisions of its courts have a binding and law-making force. This means that the Malaysian judiciary is highly influential in setting the tenor of governance. In this article I examine and analyze some key decisions that had an influence on divisiveness and dissent in the country. I point out that the courts have been poor in ensuring that the legal system protects the nation from divisive elements, and the legal system does not do enough to guarantee the fundamental rights and democratic principles that were envisioned by the founding fathers for the citizenry. The article closes with an attempt to understand why this is the case.
Keywords
judiciary, equality, freedom of religion, race relations, freedom of expression, democracy, constitutionalism
Divisions
fac_law
Publication Title
Southeast Asian Studies
Volume
7
Issue
3
Publisher
Center for Southeast Asian Studies, Kyoto University