Saving “Save In Accordance With Law”

A Critique Of Kulasingam V. Commissioner Of Lands, Federal Territory

Authors

  • Mohd Ariff Yusof

Keywords:

Save in accordance with law, Federal Constitution, Constitution of Malaysia, Article 5, Right to life, Article 13, Right to property, Government of Malaysia v Loh Wai Kong

Abstract

The phrase "save in accordance with law" occurs in two contexts in the Constitution of Malaysia: Article 5(1) ("No person shall be deprived of his life or personal liberty save in accordance with law") and Article 13(1) ("No person shall be deprived of property save in accordance with law"). In each the meaning ascribed to that phrase has in the past been generally narrow and positivistic. As far as Article 5(1) is concerned, the high-water mark is seen in Karam Singh v Menteri Hal Ehwal Dalam Negeri where "law" is articulated as to include substantive law but to exclude procedure. 

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Published

2019-01-12

How to Cite

Yusof, M. A. (2019). Saving “Save In Accordance With Law”: A Critique Of Kulasingam V. Commissioner Of Lands, Federal Territory. Journal of Malaysian and Comparative Law, 9(1 and 2), 155–168. Retrieved from https://sare.um.edu.my/index.php/JMCL/article/view/15895

Issue

Vol. 9 (1982): Journal of Malaysian and Comparative Law

Section

Articles