THE MALAYSIAN ROAD TO THE RULE OF LAW: THE JUDICIAL EXPRESSWAY

Author(s):

Nakeeran Kumar s/o Kanthavel & Tamara Joan Duraisingam

The rule of law is one of the key constitutional law concepts that one would have to appreciate in great depth within the study of constitutional law. There is however a varied approach to defining Rule of Law. Different systems of law may view the concept differently. Within a single system of law, the views of one constitutional player may differ to another. In view of the gap in terms of disparity of understanding that exists, this study attempts to scientifically analyse the term through a thematic analysis of case law in Malaysia in order to extract the emerging theme from the cases. This method of analysis is a purely clinical method without recourse to ratio or facts of cases. An understanding of the chronological development of an emerging theme from case law may be useful in demonstrating a trajectory that other institutions may appreciate and apply within their own administrative decision making, leading to a more consistent application of the rule within intra-state institutions.

Abstract

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Rule of Law, Basic Structure Doctrine