Publication: An Examination On The Malaysian Civil Court, Good Governance And The Constitution
Loading...
Date
2021-12-30
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
Governance is crucial in both the private and public sectors, and the public sector is extremely important in society. The public sector, typically through a political process, determines the outcomes it seeks and the various types of intervention. These include enacting legislation or regulations, as well as delivering goods and services. Governments must also play a major role in promoting justice, peace, and order, as well as good international relations. Better decision-making is promoted by good governance in the public sector. Effective governance is characterised by rigorous scrutiny, which provides significant pressures for improving public sector performance and fighting corruption. Good governance could indeed enhance the effectiveness, leading to more effective intervention implementation, improved service delivery, and, ultimately, improve results. As a result, people's lives are being improved. It is argued that one way to maintain good governance is to uphold and respect the constitution as the supreme law of the land. As law can be defined as a legal means of regulating society, it can exist in a variety of forms, beginning with the constitution, which can be written or unwritten and is backed by laws and regulations. A good and effective constitution symbolises and provides effective legal protection for local and indigenous people, as well as protection for fundamental human rights and liberties within the context or legal meaning or definition of that country's constitution. The entire concept of a constitution should reflect the backbone of that government's and people's governance. Therefore, this paper attempts to examine the current role of the Malaysian civil court and the constitution in achieving good governance. In analysing the same, this paper employs the common doctrinal legal method. The paper then offers suggestions and recommendations for improving Malaysia's current issues of good governance, intending to uphold the rule of law and preserve the basic structure of the constitution.
Description
E-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)
Theme: "Towards Dignifying Islam in the Framework of Rule of Law & Supremacy of Constitution"
15 – 16 December 2021
Organized By: Fakulti Syariah Dan Undang-Undang, Universiti Sains Islam Malaysia (USIM)
And Fakulti Pengajian Industri, Universiti Malaysia Pahang (UMP)
Collaboration With: Fakulti Syariah Dan Undang-Undang, Universiti Islam Sultan Shariff Ali (UNISSA), Brunei And Fakultas Hukum, Universitas Jendral Soedirman (UNSOED), Indonesia