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REMEDIES FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS AND THE PUBLIC SAFETY IN MALAYSIA: KEEP STRIKING THE RIGHT BALANCE

Ahmad Azam Mohd Shariff, Gan Chee Keong


This article aims to examine the provision of remedies for enforcement of fundamental rights under Paragraph 1 of the Schedule to the Courts of Judicature Act 1964 (know as ‘Para 1’) and the public safety in Malaysia. Currently, the provision of Para 1 is provided under an ordinary statute law. Therefore, for full protection of fundamental rights, the provision of Para 1 should be incorporated in the Federal Constitution of Malaysia. However, under Para 1 power the High Courts of Malaysia enjoy large re