Malaysian Constitutionalism Post-GE14: A New Dawn?

Date: Monday February 18, 2019
Venue: Plenary Theater, Monash University Malaysia, Jalan Lagoon Selatan, Bandar Sunway, Selangor

The 14th general election in Malaysia (known locally as GE-14) was held on 9th May 2018.  To the surprise of most observers, the ruling Barison Nasional (BN) coalition was defeated, for the first time since Malaysia’s independence in 1957.

As international observers recognised, this was a watershed moment in Malaysian political and legal history.  The defeat of the BN government came with high hopes that the rule of law would be strengthened, with changes to frequently criticised national security legislation and measures to restore judicial independence.

The aim of the conference is to analyse the contemporary developments in Malaysia and proffer analyses of Malaysia's prospects.  It also aims to make recommendations for fundamental reforms to entrench constitutional rule in Malaysia.

The conference is organised in collaboration with Monash University (Faculty of Law), Monash University Malaysia (School of Business), and the Castan Centre for Human Rights Law.

Registration

Register to attend here

Program

REGISTRATION:  8.30AM

INTRODUCTORY

Welcome Address by Professor Andrew Walker, President  & Pro Vice-Chancellor, Monash University Malaysia

Keynote Address by Honourable Tuan Tommy Thomas, Attorney-General of Malaysia

SESSION ONE

Chair/Moderator: Professor Hoong Phun (HP) Lee

1. The State of Malaysian Constitutionalism: A Pre-GE14 Perspective
by Professor Kevin Tan, National University of Singapore

2. The King and the Conference of Rulers: Delineating their Role as Constitutional Entities
by Professor Andrew Harding, National University of Singapore

3. The Malaysian Parliament: Are Fundamental Reforms Required?
by Emeritus Professor Datuk Dr Shad Saleem Faruqi, University Malaya

4. Malaysia’s 14th General Election: Did a Malaysian Tsunami Happen? Measuring the Impacts of Ethnicity and Urban Development on Electoral Outcomes
by Dr Jason Ng, Monash University Malaysia

MORNING TEA

SESSION TWO

Chair/Moderator: Dr Adnan Trakic, Monash University Malaysia

5. The Judiciary: Securing True Independence, Impartiality and Integrity and the Restoration of the Judicial Power
by Wilson Tay, National University of Singapore

6. Freedom of Speech and Assembly
by Dr Stephen Gray, Monash University

7. Freedom of Religion
by Ass. Prof Jaclyn Neo, National University of Singapore

8. The Changing Nature of Values Underpinning Malaysian Constitutionalism – Tracing the Ebb and Flow of Law Consciousness – Where from; Where to beyond GE14?
by Dr Thaatchaayini Kananatu, Monash University Malaysia & Dr Vanitha Sundra-Karean, University of Southern Queensland

LUNCH

SESSION THREE

Chair/Moderator: Dr Abdul Majid, Monash University Malaysia

9. The executive in Malaysia: Enhancing Transparency and Accountability
by Professor Abdul Aziz Bari

10. Restoring the Rule of Law: Institutional Reforms and Constitutional Culture
by Dr Dian Shah, National University of Singapore

11. A Critical Legal appraisal of the National Hope Fund in Malaysia
by Dr Loganathan Krishnan, Monash University Malaysia

12. The Legitimacy of Legality Post GE 14: Rehabilitating the Ideal of Fidelity to Law in the “New” Malaysia'?
by Dr Rueban Balasubramaniam

AFTERNOON TEA

SESSION FOUR

Chair/Moderator: Professor Yap Po Jen, Hong Kong University

13. National Security Law Regimes and the Rule of Law
by Dr Amber Tan, Monash University

‘Panel – Reflections and Discussions’

  • Emeritus Professor H P Lee, Monash University
  • Steven Thiru, Past President, Malaysian Bar Council
  • Datuk Sri Gopal Sri Ram
  • The Hon Dato' K C Vohrah
  • Dato’ Seri Mohd Hishamudin Bin Md Yunus

SESSION END:  5.00PM