An Overview on the Public Interest Litigation in Malaysia: Development and Dilemma Under Provision of Remedies for Enforcement of Fundamental Rights

Abstract

In Malaysia, the evolution of the public interest litigation in Paragraph 1 Schedule for the Courts of Judicature Act 1964 (the provision of remedies for enforcement of fundamental rights), is affected by the differences of judicial attitude in giving an interpretation on the issue of standing under Order 53 rule 2 (4) of the Rules of Court 2012. On one hand, some judges took a strict and narrow approach on the interpretation of the issue of standing. On the other hand, some judges took a more liberal, broad and less rigid approach toward interpretation of the issue of standing. This scenario resulted the public interest litigation in Paragraph 1 is uncertain. The objective of this article is to study the development and problems faced on the public interest litigation in Malaysia under Paragraph 1 Schedule for the Courts of Judicature Act 1964 and to provide solutions to the problems concerned. The method used in the present study is doctrinal approach that emphasises qualitative descriptive study, thus it requires a comprehensive review.

DOI: 10.5901/mjss.2016.v7n2p114