The judicial philosophy of the Malaysian courts in constitutional interpretation : towards a coherent approach / by Fariza Milaqurshiah Mahmud [electronic dissertations]

By:

Fariza Milaqurshiah Mahmud [author]

Contributor(s):

Language: eng Kuala Lumpur : Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia, 2024Description: 1 online resource (xv, 308 leaves)Content type:

text

Media type:

unmediated
computer

Carrier type:

volume
online resource

Subject(s):

Genre/Form:

Theses, IIUM local

LOC classification:

KPG3411

Online resources:

Click here to access online

Dissertation note: Thesis (Ph.D)--International Islamic University Malaysia, 2024. Summary: Discussion on the foundations of constitutionalism and the values underlying the constitutional provisions has been nuanced with great diversity across multitudes of jurisdictions. Accordingly, works on the defining aspects of constitutional interpretation have become sparse. As such, identifying a coherent jurisprudence for constitutionalism remains elusive in legal philosophy, let alone for constitutional interpretation. The Malaysian judicial philosophy is not spared from this phenomenon. In fact, the Malaysian court judgements demonstrate towards the rising trend of incoherence. In view of this reality and challenge, in search of best practices, it becomes even more daunting to objectively compare principles of constitutional interpretation in Malaysia from across the globe. This thesis seeks to fill the void on this subject, particularly in the context of the Malaysian constitutional interpretation, by examining the defining aspects in interpreting a constitution from which general principles that best promote coherence can be developed. Based on this foundation, this thesis evaluates coherence in the judicial philosophy of the Malaysian courts in interpreting the constitutional provisions, particularly on the defining aspects of constitutional interpretation. This evaluation is significant in order to identify the root cause, which is most crucial in any effort to propose a sound solution. This is done based on doctrinal method through library-based research by analysing Malaysian Federal Court judgments to reflect on the trends in constitutional interpretation to identify the approaches commonly applied in Malaysia, and further unearth the constitutional jurisprudence underlying a particular approach in a judgment. Noting that approaches for different areas of constitutional issues differ from each other, the reasons for the differences will be further examined in this thesis in relation to its coherence. Ultimately, this thesis proves that coherence in judicial philosophy is primarily shaped by the defining aspects, which are the language aspect and the worldview aspect, from which key concepts or fundamental principles of interpreting constitutions are formed and upon which various interpretive methods are anchored. Thus, in the effort to strive towards coherence, this thesis proposes to revive the established principles based on such defining aspects to withstand this challenging era due to the rapid development of law and the society’s ever-changing expectation.

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Holdings ( 1 )
Title notes ( 5 )

Holdings
Cover image	Item type	Current library	Home library	Collection	Shelving location	Call number	Materials specified	Vol info	URL	Copy number	Status	Notes	Date due	Barcode	Item holds	Item hold queue priority	Course reserves
	E-Thesis	M. Kamal Hassan Library	M. Kamal Hassan Library	E-Thesis Collection	Web	et KPG 3411 F228J 2024 (Browse shelf(Opens below))					Online Access			fm527441

Abstracts in English and Arabic.

"A thesis submitted in fulfilment of the requirement for the degree of Doctor of Philosophy in Laws." --On title page.

Thesis (Ph.D)--International Islamic University Malaysia, 2024.

Includes bibliographical references (leaves 293-308).

Discussion on the foundations of constitutionalism and the values underlying the constitutional provisions has been nuanced with great diversity across multitudes of jurisdictions. Accordingly, works on the defining aspects of constitutional interpretation have become sparse. As such, identifying a coherent jurisprudence for constitutionalism remains elusive in legal philosophy, let alone for constitutional interpretation. The Malaysian judicial philosophy is not spared from this phenomenon. In fact, the Malaysian court judgements demonstrate towards the rising trend of incoherence. In view of this reality and challenge, in search of best practices, it becomes even more daunting to objectively compare principles of constitutional interpretation in Malaysia from across the globe. This thesis seeks to fill the void on this subject, particularly in the context of the Malaysian constitutional interpretation, by examining the defining aspects in interpreting a constitution from which general principles that best promote coherence can be developed. Based on this foundation, this thesis evaluates coherence in the judicial philosophy of the Malaysian courts in interpreting the constitutional provisions, particularly on the defining aspects of constitutional interpretation. This evaluation is significant in order to identify the root cause, which is most crucial in any effort to propose a sound solution. This is done based on doctrinal method through library-based research by analysing Malaysian Federal Court judgments to reflect on the trends in constitutional interpretation to identify the approaches commonly applied in Malaysia, and further unearth the constitutional jurisprudence underlying a particular approach in a judgment. Noting that approaches for different areas of constitutional issues differ from each other, the reasons for the differences will be further examined in this thesis in relation to its coherence. Ultimately, this thesis proves that coherence in judicial philosophy is primarily shaped by the defining aspects, which are the language aspect and the worldview aspect, from which key concepts or fundamental principles of interpreting constitutions are formed and upon which various interpretive methods are anchored. Thus, in the effort to strive towards coherence, this thesis proposes to revive the established principles based on such defining aspects to withstand this challenging era due to the rapid development of law and the society’s ever-changing expectation.