The Boundaries of Law: A Socio-Legal Perspective of Malaysia's National Economic Policy

Global Jurist Advances, Vol 8, pp 1-30, 2008

32 Pages Posted: 5 Sep 2009 Last revised: 12 Nov 2018

See all articles by Mohammad Rizal Salim

Mohammad Rizal Salim

Nottingham University Business School, Malaysia Campus

Zalina Abdul Halim

University of Malaya (UM)

Date Written: September 3, 2009

Abstract

Malaysia’s National Economic Policy was formulated with two objectives: to eradicate poverty and restructure society. In this article we trace the origins of the policy and review it from a legal perspective. We found that although the policy is not law in the sense used by traditional model jurisprudence, it has nevertheless been adhered to. We argue that this adherence was not because of any moral obligation to comply or that it reflected popular consciousness, but because of the prevailing political and institutional structures which allows the state to impose non-legal sanctions. Thus, although not law, the policy carries with it the state’s coercive powers to induce compliance.

Keywords: National economic policy, NEP, Malaysia

JEL Classification: P00, P16, K00, K10, K20, K30

Suggested Citation

Salim, Mohammad Rizal and Abdul Halim, Zalina, The Boundaries of Law: A Socio-Legal Perspective of Malaysia's National Economic Policy (September 3, 2009). Global Jurist Advances, Vol 8, pp 1-30, 2008, Available at SSRN: https://ssrn.com/abstract=1467909

Mohammad Rizal Salim (Contact Author)

Nottingham University Business School, Malaysia Campus ( email )

Nottingham University Business School
Jalan Broga
43500 Semenyih, Selangor 43500
Malaysia

HOME PAGE: http://www.nottingham.edu.my

Zalina Abdul Halim

University of Malaya (UM) ( email )

Kuala Lumpur, Wilayah Persekutuan 50603
University of Malaya (UM)
Kuala Lumpur, Wilayah Persekutuan 50603
Malaysia

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