A critical analysis on the powers conferred to the attorney-general by the federal constitution / Muhammad Musawwir Kamal Hashim Kamal ... [et al.]

• Main Authors: Hashim Kamal, Muhammad Musawwir Kamal, Shad Saleem Faruqi, Shafeeq Faruqi, Uzer, Ahmad Asyraf Hazwan, Ghazali, Ammar Izzat
• Format: Student Project
• Language: English
• Published: 2011
• Subjects: Constitutional law
• Online Access: http://ir.uitm.edu.my/id/eprint/36787/1/36787.pdf; http://ir.uitm.edu.my/id/eprint/36787/
• Institution: Universiti Teknologi Mara

This study was conducted in relation to the powers conferred to the Attorney-General of Malaysia. The Attorney-General derives his powers from numerous sources of legislation, which this study seeks to analyze and scrutinize its lasting effects onto the administration of justice in the Malaysian judicial and administrative systems. During the course of this study, findings indicated that the Attorney-General of Malaysia has, by virtue of his enumerated powers from the Federal Constitution and other legislations pertaining to his duties, been granted an incredibly wide scope of discretionary power. These unfettered discretionary powers which have been amassed over numerous constitutional amendments and literal statutory interpretations have evolved the Attorney-General's position of power drastically since the inception of the role more than 50 years ago. In order to restore the role to its original stead, this study has numerous recommendations on how to curtail wide discretionary powers and will highlight the importance of doing so.