The Use of English Caselaw in the Malaysian Law of Judicial Review

Abstract

The Malaysian legal system has a complicated relationship with English law. Although imperial ties to the colonial metropole’s legal system have long been severed, the pervasive influence of English law on the past, present, and future development of Malaysian law looms large. Within this context, the connection between English and Malaysian public law is of particular significance. Although the Malaysian constitutional settlement borrows from the Westminster tradition and its legal system is part of the common law family, the applicability of English administrative and constitutional law concepts is challenged by the presence of a written constitution, the provisions of which enjoy legal supremacy. This essay argues that, throughout their history, the Malaysian courts’ use of English law has been unaccompanied by comparative methodology that is sufficiently robust in ensuring that borrowed doctrines and norms are consistent with the Constitution.