Tamara Joan Duraisingam, Kuek Tee Say, Saratha Muniandy
This conceptual paper analyses the role of various institutions, be it governmental or non-governmental, regional or municipal, which through their actions may propel the Federal Government of Malaysia to consider protecting stateless persons who reside in Malaysia through the incorporation and application of international law domestically. Practices within the United Kingdom and the United States of America are evaluated to determine whether long-term solutions can take the form of supranational organizations. These states are selected as Malaysia shares characteristics of both states in its practices relating to stateless persons.
Keywords: Stateless, refugees, monism, dualism.
Siti Zufina binti Abd Samah, Kuek Tee Say
The healthcare sector in Malaysia is facing many changes and influences that pose new challenges to the government and private healthcare organizations. Malaysia is a dynamic, rapidly progressing, multicultural country and constantly undergoing evolution from every aspect of its development, specifically the healthcare industry. Like many countries in the world, Malaysia is also facing healthcare issues and challenges. These challenges from pre-independence era have morphed into global issues which are more complicated as the country moves into the millennial age. Inevitably, the healthcare system will collapse in the future unless the government proactively tackles the challenges now. A healthcare system has been defined by WHO as all the activities whose primary purpose is to promote, restore or maintain health. This article has identified the major issues plaguing the healthcare system in Malaysia under the various headings: governance, economic and social challenges. The authors have also put forward various proposals to the meet the challenges.
Keywords: healthcare, healthcare system, issues and challenges, governance, proposals.
Despite being created with the purpose of ensuring oversight upon the popularly elected Dewan Rakyat, the Dewan Negara has been reduced to a mere rubber stamp over the decades. In order to reform the upper house and return it to a position of potency, this paper lays out several recommendations to improve upon the current system of senatorial appointment. This paper employs a legal doctrinal research methodology drawing from primary and secondary sources from a variety of legal jurisdictions, including a comparative legal analysis with the Republic of Ireland. First, the appointments made at the state level (which are currently done by the State Legislative Assemblies) are examined, and a system of direct elections is proposed as an alternative. Next, the paper focuses on the appointments made by the Yang di-Pertuan Agong (King) - which are currently done upon the advice of the Prime Minister and the Cabinet of Ministers - and explains why these should be done using the Irish specialist vocational panel system instead.
Keywords: Dewan Negara, Senate, elections, political reform, federalism.
Salman Sabry Salahudeen, Savannah Whitney Robinson
The plurality of the Malaysian Legal System has brought both a richer expanse of law, and a cross-jurisdictional conflict in the realm of personal law. This is demonstrated in wavering judicial judgements that have been passed over time. The contention between the Syariah and Civil Courts; the requirement of consent from both parents when converting minors and the protection of judicial independence and the separation of powers are areas of the law which have either been in doubt or conflict before the Federal Court decision in the case of Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak (Indira Gandhi’s case).
Firstly, the Article provides for an overview of the case of Indira Gandhi; the facts, issues and the judicial development that led to the Federal Court decision. Secondly, the Article analyses and elucidates the rationality behind the Federal Court decision and explains why the decision of this case has impacted and changed the Malaysian legal framework for the better.
Keywords: Jurisdiction, Syariah Courts, Civil Courts, Basic structure doctrine, constitution, Judicial review, constitutionality of religious conversion.