The Use of Preventive Detention Laws in Malaysia: A Case for Reform
Language: English
Published by Springer Nature Singapore, 2021
- Softcover
- New
Condition: New
£ 125.33
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Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Provides a historical comprehensive policy and law explanation and insights of preventive detention laws in MalaysiaUse specific examples to cast light on the misuse of the laws by the executive on the basis of national security and terrorism thre.
Seller Inventory # 479860911
- Title
- The Use of Preventive Detention Laws in Malaysia: A Case for Reform
- Author
- M. Ehteshamul Bari|Safia Naz
- Publisher
- Springer Nature Singapore
- Publication year
- 2021
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 9811558132
- ISBN 13
- 9789811558139
This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation.
Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws.This book makes it manifestly evident thatthe weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries.
Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.
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