THE CONSTITUTION AND HUMAN RIGHTS: REVISITING THE CONTRIBUTION OF TAN SRI HARUN M. HASHIM

Abstract

This article looks at the importance of the Constitution in providing a framework of government in a country to ensure the rule of law prevails and to avoid the masses from being the mere tools of the capricious elite. The judiciary being the arbiter of dispute plays an indispensable role in bringing life to the black letters of the written Constitution. In this regard, the article tentatively looks at the contribution of a former Supreme Court Judge, Tan Sri Harun M. Hashim on his approach to interpreting fundamental liberties and the interactions between the different organs of government. The distillation of approaches of one of the prominent judges of Malaysia may better inform the development of the law. The article also looks at his contribution in raising awareness on human rights during his tenure as the Vice-Chairman of SUHAKAM. The article adopts a doctrinal method by probing the Federal Constitution, related statutes and case law. Secondary sources including journal articles are examined to provide reviews and observations regarding the related legal areas and the development of the law. The article concludes with the finding of the continuing influence of the judgment and writings of Tan Sri Harun M. Hashim in different areas of law including human rights, contempt of courts and constitutional law.