Legislating for National Security
In Nuraisyah Chua Abdullah (ed.), Developments in Malaysian Law (Sweet & Maxwell, Subang Jaya, 2018)
Posted: 17 Jan 2019
Date Written: 2018
Terrorism has become an abiding concern of the 21st century, resulting in vast amounts of legislation, economic resources, and human lives becoming bound up in the enterprise of counter-terrorism. In the light of the persistence and prominence of counter-terrorism, this analysis will concentrate on how to legislate for national security in the face of terrorism, and accordingly will tackle three agendas. First, the chapter will consider in principle whether it is actually necessary at all to have distinct anti-terrorism legislation and, assuming it might be, what are the values and strategies which should be considered by governments and parliamentarians. The second agenda seeks to offer an example of bad and good anti-terrorism laws, which leads into wider consideration of the desirable Parliamentary processes for designing good laws. The third agenda involves an explanation of what mechanisms should be in place once legislation has been passed. Parliamentarians should not abandon their offspring once assent is given but should ensure adequate post-legislation monitoring and review mechanisms both to correct faults and to update in the light of tactical or technological developments.
Keywords: Terrorism, national security, Parliament, accountability, constitutionalism
JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40
Suggested Citation: Suggested Citation