A REVIEW OF THE MALAYSIAN JURISPRUDENCE OF CONSTITUTIONAL INTERPRETATION

Abstract

This article is a preliminary review of the prevailing approaches of constitutional interpretation applied in the notable judgments by the Malaysian Apex court. The application of various constitutional interpretive approaches by the Malaysian judiciary varies according to various theories and canons of interpretation. For the purpose of this review, a qualitative method is employed through doctrinal analysis and case studies. It is discovered that the application of the various approaches does not always correspond to the philosophy underlying them. Such inconsistency in the understanding of the approaches and their application can cause distortion in the jurisprudence of interpreting the Constitution. This article concludes by offering practical insights regarding Malaysian jurisprudence in constitutional interpretation. It is hoped that this brief comparative narrative will be advantageous as a preliminary discourse to encourage further research on the topic.