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The possibility of originalism in Malaysia

This paper highlights the feasibility of originalism as a constitutional interpretive approach in Malaysia. A doctrinal method through case analysis along with comparative method is applied in this paper. Originalism finds its strength in stability of language through fidelity of the text. This is p...

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Main Authors: Farid Sufian Shuaib,, Fariza Milaqurshiah Mahmud,
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2024
Online Access:http://journalarticle.ukm.my/24203/1/JM%202.pdf
http://journalarticle.ukm.my/24203/
https://ejournal.ukm.my/juum/issue/view/1714
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spelling my-ukm.journal.242032024-09-19T07:44:37Z http://journalarticle.ukm.my/24203/ The possibility of originalism in Malaysia Farid Sufian Shuaib, Fariza Milaqurshiah Mahmud, This paper highlights the feasibility of originalism as a constitutional interpretive approach in Malaysia. A doctrinal method through case analysis along with comparative method is applied in this paper. Originalism finds its strength in stability of language through fidelity of the text. This is pertinent in increasing the possibility of coherence and mitigating arbitrariness amidst the contemporary challenges arising from rapid change of values. Through illustration of cases, this paper suggests that originalism may have been applied in the past. This paper also proposes some supporting measures to optimize the effectiveness of originalism in interpreting the Federal Constitution by the Malaysian Judiciary. The author concludes that originalism has a place in Malaysia and in fact, serves a very important role to preserve the country’s traditional values and traditional elements through fidelity to the text. Penerbit Universiti Kebangsaan Malaysia 2024 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/24203/1/JM%202.pdf Farid Sufian Shuaib, and Fariza Milaqurshiah Mahmud, (2024) The possibility of originalism in Malaysia. Jurnal Undang-Undang dan Masyarakat, 34 (1). pp. 15-28. ISSN 1394-7729 https://ejournal.ukm.my/juum/issue/view/1714
institution Universiti Kebangsaan Malaysia
building Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description This paper highlights the feasibility of originalism as a constitutional interpretive approach in Malaysia. A doctrinal method through case analysis along with comparative method is applied in this paper. Originalism finds its strength in stability of language through fidelity of the text. This is pertinent in increasing the possibility of coherence and mitigating arbitrariness amidst the contemporary challenges arising from rapid change of values. Through illustration of cases, this paper suggests that originalism may have been applied in the past. This paper also proposes some supporting measures to optimize the effectiveness of originalism in interpreting the Federal Constitution by the Malaysian Judiciary. The author concludes that originalism has a place in Malaysia and in fact, serves a very important role to preserve the country’s traditional values and traditional elements through fidelity to the text.
format Article
author Farid Sufian Shuaib,
Fariza Milaqurshiah Mahmud,
spellingShingle Farid Sufian Shuaib,
Fariza Milaqurshiah Mahmud,
The possibility of originalism in Malaysia
author_facet Farid Sufian Shuaib,
Fariza Milaqurshiah Mahmud,
author_sort Farid Sufian Shuaib,
title The possibility of originalism in Malaysia
title_short The possibility of originalism in Malaysia
title_full The possibility of originalism in Malaysia
title_fullStr The possibility of originalism in Malaysia
title_full_unstemmed The possibility of originalism in Malaysia
title_sort possibility of originalism in malaysia
publisher Penerbit Universiti Kebangsaan Malaysia
publishDate 2024
url http://journalarticle.ukm.my/24203/1/JM%202.pdf
http://journalarticle.ukm.my/24203/
https://ejournal.ukm.my/juum/issue/view/1714
_version_ 1811683418492108800
score 13.211869

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