Rule Of Law In Malaysia Essay

The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based discuss.

Rule of law in malaysia essay. This paper attempts to address rule of law and its particularities in the country of malaysia. The rule of law has several different meanings and corollaries. Nonetheless the reality is always cruel. Basmah elahi rule of law london international programs ug law public law essay 2.

The rule of law cover three essential aspects. 1 rule of lawthe rule of law upheld by an independent judiciary is one of hong kongs greatest strengths this refers to some of the fundamental principles of law that govern the way in which power is exercised in hong kong. It is not written code of rules but the general principle implicit in the common law which the courts will apply unless some statute can be quoted modifying the application. The word rule comes from règle and law from lagu roughly translating to supremacy of law 1it is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur.

In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia. It will portray the basic functions of rule of law touching on democracy substantive elements and controlling mechanisms. 1 0 introduction the rule of law is fundamental in any society where human rights are to be protected. Malaysia s success in curbing the spread of covid 19 depends not only on the measures introduced by the.

The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. The rule of law in its simplest form means a government by law as opposed to a government by men. It is imperative to uphold the rule of law where everyone is equal before the law. Besides that article 8 of fc provides equality for all people before the law and entitled for equal protection of the law.

The rule of law is one of the fundamental principles of uk s unwritten or uncodified constitution the key idea of the rule of law is that the law should apply equally to all rulers and. Its principal meaning is that the power of the government and all of its servants shall be derived from. The principles and values underlying the rule of law have percolated the asian states that have embraced western legal systems. Hence clearly as explained earlier in this essay the rule of law in malaysia does somehow embodies the doctrine of supremacy of the constitution which then confers power and authority to make provisions for people acting on the behest of the state.

1 3 rule of law the rule of law is the essential doctrine of the british constitution.