Human rights activists demanded a stringent action from the Executive due to an annual occurrence of river pollution and a recurring haze disaster in 2019. The proposed move includes removal of the respective Environment Minister and an emergency declaration by the King (YDPA) to address the above situations. It is under this premise that the Lockean legalism model is explored in relation to the emergency power conferred to the Executive i.e., the Monarch. Modelling John Locke's legalism, namely conditions of political legitimacy meaningfully describe legitimate sovereign approach to laws that are conducive to public good. The primary aim of the research is to legally explore the adoption of Lockean legalism in examining the extent of the powers conferred to the YDPA and the enumerated function of the Conference of Rulers in the proclamation of emergency in the environment and climate change domain in Malaysia. The research employs a qualitative methodology and incorporates a content analysis approach. The outcome of this study is a proposed measure using the Lockean mechanism in understanding the power to proclaim emergency in the environmental crisis. This research is significant as it would contribute to the body of knowledge to enhance the prerogative power of the YDPA in relation to the state of emergency.
This research analyses the gaps and weaknesses in the existing legislative framework for whistleblower protection in Malaysia. The study found two main issues in the Malaysian Whistleblower Protection Act 2010 dealing with the disclosure of wrongdoings. They are the limited disclosure channel and an act of disclosure of information is an offence under other legislation. The protection for whistleblowers becomes vulnerable with the current restraints. Whistleblowing has significantly become one of the critical requirements in society as a medium to curb corruption. By analysing the weaknesses of this Act, the research contributes to the body of knowledge and plays a critical role in proposing to the policymakers for advocating some enhancement in the future for the sake of a whistleblower’s safety. The research adopts doctrinal and qualitative methodology. A content analysis through analytical legal approach is employed by examining the Malaysian existing law. A brief reference analysis is conducted on the United Kingdom Public Interest Disclosure Act 2010 and the Employment Act 1996. Thus, salient improvements of law provisions are recommended to better regulate the existing laws in Malaysia. The findings demonstrate the need for practical strength of amendments to protect the whistleblower due to unpredictable consequences. To date, potential whistleblowers are discouraged from disclosing information if the system is incapable of protecting them from fearing a backlash against them. The proposals suggested changes to the legislation to provide a good practice of guidance in handling concerns of wrongdoings.
Judicial review is the power of court to revise the decision and act of the administrative power and legislative action which had acted in exceeds of their power. However, interpretation of 'exceeding their power' may differ from one case to another to which the courts are given the discretionary power to decide. This leave uncertainty on the interpretation of the judiciary power to review and may lead to the collapse of the rule of check and balance and the concept of good governance. This study aims to examine the principles and approaches adopted in the judicial review process in Malaysia. These concepts and theories serve as the threshold to the cases of judicial review in Malaysia. The study adopts a qualitative method utilising doctrinal and case study. Analysing cases decided by the Malaysian court on Judicial Review forms a major part of the data analysis. The study found that the Malaysian judiciary has made significant efforts to preserve the rule of law, protect the fundamental rights of the people, and uphold the good governance concept through the function of judicial review. The principles of cases involving judicial review in Malaysia have served as a guideline in describing the rules and restrictions that a judge should follow when exercising the judicial review function. The findings of the study may form a summarised development of judicial review in Malaysia that may be referred to by the policymakers, academicians, and future researchers.
The sustainable development goals (SDG) set peace, justice, and strong institutions with targeted access to justice for all by 2030. Goal 16 of the SDG sets the number of reports made by victims of violence to the authorities to benchmark access to justice. The study argues that there is a correlation between legal literacy and reporting of crimes. Legal literacy means awareness of a society of the legal rights and obligations and their ability to use the legal avenue to get redress. The methodology of this study is by using content and doctrinal approach. Interviews are conducted with the legal aid and human rights representatives on the society and law enforcement awareness and understanding of the legal process in CSA cases. The study shows adequate law addressing access to justice in CSA cases. The Sexual Offences Against Children Act 2017 and the Legal Aid (Amendment) Act 2017 enhanced the legal process to seek justice. However, inadequate legal literacy among the authority handling CSA is among the hindrance to justice. The absence of support from family members in lodging a police report is another issue found in the study. They were less likely to have the perceptual powers of the mind to report crimes. This study contributes to the literature on prioritising and improving access to justice in CSA.
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