The that the parliament may by law impose on

The basis of the rule of law principle in Malaysia can
be found in Article 4 of the Federal Constitution1In
Article 4, the Federal Constitution states the supremacy of the Federal
Constitution and law that is passed after Merdeka Day which is inconsistent
with the Federal Constitution is consider void. Article
10(2)(a) of the Federal Constitution states that the parliament may by law
impose on the rights of the freedom of speech and expression, assembly
peacefully without arms and the right to form associations. According to A.V.
Dicey’s first postulate in the rule of law which we quote, “no one can be
punished or made to suffer in body of goods except for a clear breach of law
proved in an ordinary court. Nobody also should be given too wide on arbitrary
or discretionary power.” 2 In
the Malaysian case of Loh Kooi Choon v. Government of Malaysia3,
the court held that no one should be punished except for a clear breach of law.
The Internal Security Act of Malaysia 1960 is also in contrary to the rule of
law as it allows a person to be detained without any trial and the detainee
does not have access to normal human rights stated in the Federal
Constitution.     

In Article 8 of the Federal Constitution, all persons
are equal before the law and are entitled to equal protection by the law. 4However
in Malaysia, there exist two courts systems which are the Civil and Syariah
system. This shows that the Malaysia judiciary system is against the concept of
rule of law, as per A.V. Dicey’s second postulate, “no one is above the law and
everyone is equal before the law regardless of social, economic, or political
status and they are subjected to the same court of the land.”5 Furthermore,
judges in Malaysia enjoy judicial immunity because they cannot be sued while
serving in the court. In the parliament, the members also enjoy the
parliamentary privilege. They cannot to be sued for what they say during
parliamentary sessions. The above examples clearly show the holes in the
practice of rule of law in Malaysia. The third postulate of A.V. Dicey’s rule of
law states “the results of judicial decision are better protectors of the
rights of private persons.” 6 In
Malaysia, the judges play an important role to uphold the constitution, as per
the rule of law. The citizens in Malaysia are granted human rights under
Federal Constitution but are subjected to exceptions and may be suspended by
the Article 149 of the Federal Constitution.

1NelfiAmieraMizan,
Student Follow. (2013, October 17). Rule of law. Retrieved January 17, 2018,
from https://www.slideshare.net/nelfiamiera/rule-of-law-27306096

2Dicey,
A. V., & Wade, E. C. (1939). Introduction to the study of the law of the
constitution. London: Macmillan and Co., Limited.

3
1977 2 MLJ 187

4 Federal Constitution

5Dicey,
A. V., & Wade, E. C. (1939). Introduction to the study of the law of the
constitution. London: Macmillan and Co., Limited.

6Dicey,
A. V., & Wade, E. C. (1939). Introduction to the study of the law of the
constitution. London: Macmillan and Co., Limited.