Staff View: The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution

The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution

The right to development is aimed at improving the quality of life and living conditions of ordinary people. On the other hand, the right to the environment has as its purpose the conservation and prudent utilisation of natural resources. Theoretically, the two rights are at loggerheads. However, at...

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Main Authors:	Masum, Ahmad, Nafees, Seeni Mohamed, Md Nor, Mohd Zakhiri, Ahmed, Kyaw Hla Win @ Md Hassan
Format:	Article
Published:	American Scientific Publishers 2017
Subjects:	KZ Law of Nations
Online Access:	http://repo.uum.edu.my/25432/ http://doi.org/10.1166/asl.2017.10025
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id	my.uum.repo.25432
record_format	eprints
spelling	my.uum.repo.254322019-01-16T00:24:20Z http://repo.uum.edu.my/25432/ The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution Masum, Ahmad Nafees, Seeni Mohamed Md Nor, Mohd Zakhiri Ahmed, Kyaw Hla Win @ Md Hassan KZ Law of Nations The right to development is aimed at improving the quality of life and living conditions of ordinary people. On the other hand, the right to the environment has as its purpose the conservation and prudent utilisation of natural resources. Theoretically, the two rights are at loggerheads. However, at the centre of these rights is the concept of sustainable development which harmonises the implementation of developmental activities and environmental protection. The paper aims to examine the relationship between the right to development and the right to the environment by way of making reference to the Malaysian Federal Constitution. This paper adopts a legal library research methodology focusing mainly on primary and secondary legal sources. The paper argues that although there are no express constitutional provisions under the Malaysian Federal Constitution addressing these two rights, public participation is vital as it ensures that the public is well informed about development projects that may have adverse effects on the environment. Generally, the developed nations have inculcated the need for environmental sustenance into economic development plans while developing countries are yet to imbibe it in practice even when expressly stated in their national legislations and policies. The paper reveals that Malaysia is still faced with the problem of competing demands of greater urban development and conserving the environment. The commitment to integrate environment and economic policies at present is slightly hesitant owing to a misunderstood concept that preservation of environment means limited development. Malaysia has to adopt a balanced approach in dealing with these two rights instead of giving preference to economic development. American Scientific Publishers 2017 Article PeerReviewed Masum, Ahmad and Nafees, Seeni Mohamed and Md Nor, Mohd Zakhiri and Ahmed, Kyaw Hla Win @ Md Hassan (2017) The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution. Advanced Science Letters, 23 (9). pp. 9072-9075. ISSN 1936-6612 http://doi.org/10.1166/asl.2017.10025 doi:10.1166/asl.2017.10025
institution	Universiti Utara Malaysia
building	UUM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Utara Malaysia
content_source	UUM Institutionali Repository
url_provider	http://repo.uum.edu.my/
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Masum, Ahmad Nafees, Seeni Mohamed Md Nor, Mohd Zakhiri Ahmed, Kyaw Hla Win @ Md Hassan The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
description	The right to development is aimed at improving the quality of life and living conditions of ordinary people. On the other hand, the right to the environment has as its purpose the conservation and prudent utilisation of natural resources. Theoretically, the two rights are at loggerheads. However, at the centre of these rights is the concept of sustainable development which harmonises the implementation of developmental activities and environmental protection. The paper aims to examine the relationship between the right to development and the right to the environment by way of making reference to the Malaysian Federal Constitution. This paper adopts a legal library research methodology focusing mainly on primary and secondary legal sources. The paper argues that although there are no express constitutional provisions under the Malaysian Federal Constitution addressing these two rights, public participation is vital as it ensures that the public is well informed about development projects that may have adverse effects on the environment. Generally, the developed nations have inculcated the need for environmental sustenance into economic development plans while developing countries are yet to imbibe it in practice even when expressly stated in their national legislations and policies. The paper reveals that Malaysia is still faced with the problem of competing demands of greater urban development and conserving the environment. The commitment to integrate environment and economic policies at present is slightly hesitant owing to a misunderstood concept that preservation of environment means limited development. Malaysia has to adopt a balanced approach in dealing with these two rights instead of giving preference to economic development.
format	Article
author	Masum, Ahmad Nafees, Seeni Mohamed Md Nor, Mohd Zakhiri Ahmed, Kyaw Hla Win @ Md Hassan
author_facet	Masum, Ahmad Nafees, Seeni Mohamed Md Nor, Mohd Zakhiri Ahmed, Kyaw Hla Win @ Md Hassan
author_sort	Masum, Ahmad
title	The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
title_short	The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
title_full	The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
title_fullStr	The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
title_full_unstemmed	The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution
title_sort	right to development versus environmental protection: with special reference to the malaysian federal constitution
publisher	American Scientific Publishers
publishDate	2017
url	http://repo.uum.edu.my/25432/ http://doi.org/10.1166/asl.2017.10025
_version_	1644284322580004864
score	13.211869

The Right to Development versus Environmental Protection: With Special Reference to the Malaysian Federal Constitution

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