A constitutional environmental protection for Malaysia: some possibilities

• Main Author: Tan, S.Y.L.
• Format: Conference or Workshop Item
• Language: English
• Published: 2012
• Subjects: K Law (General)
• Online Access: http://eprints.um.edu.my/8196/2/222.pdf; http://eprints.um.edu.my/8196/

'The present Malaysian constitution does not have an explicit provision for the protection or conservation of the environment. What it does have is a fundamental right enshrined under Article 5(1) of the Federal Constitution which provides for the Right to Life. While this right has been judicially interpreted for the protection of aspects of the environment, it has had very limited scope and success. It is often said that Malaysia has an impressive number of environmental-related legislations and a slew of government policies in place. Yet, the present environmental framework of laws and policies, it is submitted, is a fragmented web of uncertainties. Uncertainties that range from issues concerning the division of authority between federal and state jurisdictions to issues on legal standing; all of which have contributed to the present weakness within the framework of environmental protection in Malaysia. It is against this background, that the paper aims to chart out the present environmental framework and examine the possible outcomes an express constitutional provision could have, with particular emphasis on the primary tensions between the federal and state governments concerning environmental authority, whether a constitutional provision would have any effect on this relationship and if Malaysia has the requisite “ingredients” present for the introduction of a constitutional environmental provision.