Adherence to the rule of law in relation to article 10(1)(a) of the Malaysian federal constitution: political situations prior to 2018 general election / Bromeley Philip

• Main Author: Philip, Bromeley
• Format: Article
• Language: English
• Published: Universiti Teknologi MARA, Sabah 2024
• Subjects: K Law in general. Comparative and uniform law. Jurisprudence
• Online Access: https://ir.uitm.edu.my/id/eprint/98243/1/98243.pdf; https://ir.uitm.edu.my/id/eprint/98243/; https://borneoakademika.sabah.uitm.edu.my/
• Institution: Universiti Teknologi Mara

The rule of law is enshrined in the Malaysian National Pillars, Rukun Negara. It connotes that the rule of law is inherent and fundamental liberties are protected by the rule of law and each citizen enjoys equal treatment before the law. However, many times, the rule of law seems questionable especially in relation to Article 10(1)(a) of Freedom of Speech and Expression as there have been claims that the government has contravened the protection of the rule of law. Freedom of speech and expression is seen stifled by the existence of repressive laws such as Sedition Act 1948 (amended 2015) and Communication and Multimedia Act (CMA) 1998. The main aim of this research paper is to examine and discuss the extent to which adherence to the rule of law has been observed by the government of the day particularly in relation to Article 10(1)(a) of Freedom of Speech and Expression. Based on the legal analysis of cases charged and investigated under the Sedition and CMA Acts over the years in particular, during some political situations prior to the 2018 General Election, the rule of law in Malaysia is arguably more of a notion than it should have been a reality by virtue of several landmark cases like Param Cumaraswamy’s, Lim Guan Eng’s and Mat Shuhaimi Shafiei’s.