Abstract
This paper focuses on the Rule of Law and it’s reach in terms of the stateless Indian in Malaysia. The term rule of law has been a term used by politicians to secure political mileage during election campaign periods and continues to be used upon formation of a new government. Regardless of its transcendent nature and noble assurance of a government of laws and not men, there would be gaps in the usage of the term rule of law as it does not reach all levels of community. As beneficent as the concept maybe, it does not serve to assist the stateless Indian community in securing employment in the state. Hence the significance of the research is to identify the gaps in the application of Rule of Law in Malaysia towards the stateless Indian. This study is a purely conceptual one which evaluates the constitutional concept of rule of law and its limitations in providing employment rights for Stateless Indians. The predominant research question is whether the Rule of Law as understood by constitutional philosophers helps mitigate the plight of the stateless Indian. It investigates that notion that perhaps stateless Indians are not stateless after all but have been given that categorisation so as to allow for their plight to be catapulted into the international sphere where customary international law and treaty law could in ideal circumstances apply to the stateless Indian. It proposes a thesis that regardless of how closely a State like Malaysia follows and upholds the rule of law, the stateless Indian Community in Malaysia will not necessarily enjoy second generation rights that ought to be made available to all human beings. The second generation right specifically referred to in this research is the right to employment for the stateless Indian.
Highlights
Despite the fact that the concept is archaic, the rule of law is very much alive in the Malaysian political scene and has been a concept promulgated by politicians, both governmental and opposition members of Parliament to demonstrate their sincerity as the beacon of hope for Malaysian citizenry
The research rests upon the thesis that noncitizen Indians residing in Malaysia do not benefit from all rights made available to citizens, overall, they do benefit from the reach of constitutional law concepts such as rule of law
When it comes to the conception of rule of law, commentators would argue that the thick conception of the rule of law as applied in international law ought to apply to Malaysia
Summary
Despite the fact that the concept is archaic, the rule of law is very much alive in the Malaysian political scene and has been a concept promulgated by politicians, both governmental and opposition members of Parliament to demonstrate their sincerity as the beacon of hope for Malaysian citizenry. The question lies as to whether such concepts used so generously can metamorphose into a mature system of law that protects citizens and non-citizens alike. The focus of this doctrinal paper is the concept of rule of law. The question to be answered is whether the rule of law is able to reach as far as to ensure that non-citizen Indians are able to exercise their right to employment in Malaysia. The research rests upon the thesis that noncitizen Indians residing in Malaysia do not benefit from all rights made available to citizens, overall, they do benefit from the reach of constitutional law concepts such as rule of law
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