Upholding the rule of law in governance process: A study of the Malaysian federal constitution
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. Constitutio...
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my.uum.repo.131532015-01-21T08:40:25Z http://repo.uum.edu.my/13153/ Upholding the rule of law in governance process: A study of the Malaysian federal constitution Masum, Ahmad J General legislative and executive papers K Law (General) 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. 2014-11-29 Conference or Workshop Item PeerReviewed application/pdf en http://repo.uum.edu.my/13153/1/74.pdf 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. http://www.uumicg2014.com/ |
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J General legislative and executive papers K Law (General) Masum, Ahmad Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
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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. |
format |
Conference or Workshop Item |
author |
Masum, Ahmad |
author_facet |
Masum, Ahmad |
author_sort |
Masum, Ahmad |
title |
Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
title_short |
Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
title_full |
Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
title_fullStr |
Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
title_full_unstemmed |
Upholding the rule of law in governance process: A study of the Malaysian federal constitution |
title_sort |
upholding the rule of law in governance process: a study of the malaysian federal constitution |
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2014 |
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http://repo.uum.edu.my/13153/1/74.pdf http://repo.uum.edu.my/13153/ http://www.uumicg2014.com/ |
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