Rule Of Law In Malaysia
Dr mahathir momahad is a former prime minister of malaysia.
Rule of law in malaysia. Malaysia no longer practises the rule of law. Rule of law cannot exist without a transparent legal system the main components of which are a clear set of laws that are freely and easily accessible to all strong enforcement structures and an independent judiciary to protect citizens against the arbitrary use of power by the state individuals or any other organization. Everyone whether public or private entities including individuals act within the remits of the law. Now the rule of law can simply be defined as governance and administration of society according to the undoubted principles maxims and axioms of what we would call natural justice such as the right to be subject to the due process of the legal system and therefore the right to a fair trial and equality under the law etc.
Federal laws enacted by parliament of malaysia that apply throughout. Essentially the rule of law means that. In other words we uphold the laws of the land. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.
In conclusion it would seem so in malaysia the fundamental principle of constitutional supremacy that was brought to life under article 4 1 that embeds the doctrine of rule of law can only be maintained and achieved through judicial creativity in methods of interpretation of certain constitutional provisions which are regarded as a deterrent to the spirit of constitutionalism and the rule of law. We have become a lawless state. Malaysia s success in curbing the spread of covid 19 depends not only on the measures introduced by the. Since she was a woman.
Queen elizabeth i ordered parliament to appoint her as governor of the church. It is imperative to uphold the rule of law where everyone is equal before the law. However there have been voices of dissatisfaction especially in the online sphere since it was perceived that the authorities have not been entirely consistent with the imposition of penalties. The law of malaysia is mainly based on the common law legal system.
This comment first appeared in his blogsite. And it is the duty of lawyers to educate us on the difference between the rule of law and rule by law.