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Human Rights And Liberties Analysis

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Introduction Human rights and liberties are popular issues in the modern community. “Human rights” refer to natural rights and freedom of every human beings upon birth until death . Every individual should be treated equally and without discrimination regardless for their sex, nation or religion. The term “liberties” refers to the ability to behave and signify as indicated by one’s personal character . Since human rights and liberties are the central privilege of everyone, they should be well protected under law. This obligations falls on the scope of power of government. The government shall ensure human rights and liberties of every citizen being protected, as well as restricted, under the law of a country. For example, in the Malaysian …show more content…

The main point of rule of law is to provide controls on arbitrary powers by ensuring that the laws made by Parliament or its delegates abide by the articles of Constitution. The existence and enforcement of constitutional supremacy, the continued independence of the judiciary and the practice of judicial review is clear proof that our legal system protects and upholds the rule of law. However, administrative law principles of ultra vires and natural justice certainly apply but only so far as to mitigate the effect of wide administrative discretion. A notable example would be the Malaysian Government and Parliament has made extensive use of emergency powers as sanctioned by Article 150 of the Federal Constitution, which permits suspension of human rights. Thus, our legal system includes provisions which might seem draconian such as the previous Internal Security Act 1960 (ISA), the Police Act 1967 and Printing Presses and Publications Act 1984 that prevent citizens from exercising some of the rights, as well as giving the executive wide discretionary powers as discussed …show more content…

When ministers or officials make decisions affecting the rights of individuals, they must do so in accordance with the law. The Human Rights Act 1998 was intended to strengthen the rule of law by allowing for non-binding review of decisions made in the context of human rights. The practical application of rule of law is manifested in reality when the judiciary perform its constitutional role of judicial review. Judicial review by a court here is concerned with ensuring that the government and public bodies act within the proper scope of power granted to them by

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