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
Date Written: June 30, 2016
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: Suggested Citation