Law and the judiciary: Divides and dissent in Malaysia

Sharom, Azmi (2018) Law and the judiciary: Divides and dissent in Malaysia. Southeast Asian Studies, 7 (3). pp. 391-413. ISSN 2186-7275

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Official URL: https://doi.org/10.20495/seas.7.3_391

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.

Item Type: Article
Uncontrolled Keywords: judiciary; equality; freedom of religion; race relations; freedom of expression; democracy; constitutionalism
Subjects: K Law > K Law (General)
Divisions: Faculty of Law
Depositing User: Ms. Juhaida Abd Rahim
Date Deposited: 18 Mar 2019 01:48
Last Modified: 18 Mar 2019 01:48
URI: http://eprints.um.edu.my/id/eprint/20694

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