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The Courts and the Enforcement of Human Rights

Dato' Ambiga Sreenevasan & Ding Jo-Ann

(2020) 32 SAcLJ 458

This article examines how the Malaysian courts have dealt with substantive human rights issues in the cases that have come before them, focusing particularly on the last ten years. It highlights cases where the courts demonstrated greater willingness to review executive action and parliamentary legislation and test them against constitutional provisions that protect fundamental liberties such as the right to life, and freedom of expression, association and assembly. It also looks at cases which have taken a less flexible approach on these issues. The article also touches on the issues of access to justice, locus standi and justiciability of cases involving human rights issues before the Malaysian courts.