UUM Repository | Universiti Utara Malaysian Institutional Repository
FAQs | Feedback | Search Tips | Sitemap

Upholding the rule of law in governance process: A study of the Malaysian federal constitution


Masum, Ahmad (2014) Upholding the rule of law in governance process: A study of the Malaysian federal constitution. In: UUM International Conference on Governance 2014 (ICG), 29th - 30th November 2014, Flamingo Hotel By The Beach, Pulau Pinang.

[img] PDF
Restricted to Registered users only

Download (373kB) | Request a copy

Abstract

The rule of law is an ideal of good government and just constitutional arrangements.It is one of the fundamental concepts of the constitution.It represents one of the most challenging concepts of the constitution.Aristotle reiterated that where laws do not rule, there is no constitution. Constitutions are not ends in themselves.They exist to secure some purposes and to promote some ideals and values. One such ideal is that of the “rule of law.” At the heart of the rule of law is the powerful idea that it is law that should govern society and not the arbitrary will of particular persons- a government of laws, not persons.The rule of law is a concept which is growing in importance and more developing countries seek to establish permanent non-totalitarian, pluralistic, principles of government including Malaysia.The aim of this paper is to examine the concept of the rule of law as opposed to rule by law in governance process by looking at the Malaysian Federal Constitution as a case study.The methodology adopted in this paper is a legal library based research focusing mainly on primary and secondary legal sources. To conclude, it is submitted that although the concept of the rule of law is not expressly stated under the Malaysian Federal Constitution, its spirit can be seen in Article 4(1).However, there is still room for improvement as far as the concept of the rule of law is concerned in the context of governance process in Malaysia.

Item Type: Conference or Workshop Item (Paper)
Additional Information: ISBN NO: 978-983-2078-95-1 Organizers: Institute for Governance and Innovation Studies (IGIS), College of Law, Government and International Studies (UUM COLGIS) and University of Muhammadiyah Malang, Indonesia
Uncontrolled Keywords: Constitution, governance, rule of law, rule by law, non-totalitarian
Subjects: J Political Science > J General legislative and executive papers
K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Dr. Ahmad Masum
Date Deposited: 21 Jan 2015 08:40
Last Modified: 21 Jan 2015 08:40
URI: http://repo.uum.edu.my/id/eprint/13153

Actions (login required)

View Item View Item