Towards a 'Functional and Inclusive Democracy': The Promises and the Reality. An Analysis of the New National Security and Public Order Laws in Malaysia

Abstract

The thesis examines the new national security and public order laws that were passed from 2012 to 2015 in Malaysia, initially promised to transform the country into a 'functional and inclusive democracy'. To this end, the thesis first analyses the laws prior to 2012 within the Malaysian constitutional and political context, and identifies the problems that contributed to the erosion of constitutional government and democracy in the country. It then evaluates the new laws and their capacity to remedy those problems, and to improve constitutional government and democracy in Malaysia. The thesis concludes that the new laws are incapable of remedying those problems and do not contribute to the development of Malaysia as a truly 'functional and inclusive democracy.'