On the Uneven Road to Constitutional Redemption: The Malaysian Judiciary and Constitutional Politics

Washington International Law Journal, Vol. 25, No.3, p. 674-696, (2016) (Symposia)

24 Pages Posted: 16 Aug 2016 Last revised: 3 Mar 2017

See all articles by Yvonne Tew

Yvonne Tew

Georgetown University Law Center

Date Written: June 30, 2016

Abstract

This Article explores the Malaysian judiciary’s approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation’s political and constitutional history. It traces the judiciary’s tentative movement toward a more rights-oriented approach followed by its more recent retreat in several appellate court decisions. The Article argues that the Malaysian courts’ journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must exhibit greater willingness to assert its commitment to constitutional supremacy and the rule of law.

Keywords: Constitutional Interpretation, Courts, Constitutional Politics, Malaysia

Suggested Citation

Tew, Yvonne, On the Uneven Road to Constitutional Redemption: The Malaysian Judiciary and Constitutional Politics (June 30, 2016). Washington International Law Journal, Vol. 25, No.3, p. 674-696, (2016) (Symposia), Available at SSRN: https://ssrn.com/abstract=2820659

Yvonne Tew (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue NW
McDonough Hall
Washington, DC 20001
United States
202 662 9225 (Phone)

HOME PAGE: http://https://www.law.georgetown.edu/faculty/yvonne-tew/

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