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Publication Date:
August 2010
ISSN:
1932-0205
DOI:
10.2202/1932-0205.1279

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Editor-in-Chief: Tang, Hang Wu

Ed. by Chan, Tracey E. / Ho, Jean / Hor, Michael / Loke, Alexander / Tey, Tsun Hang / Thiruvengadam, Arun / Jamal, Arif A.

1 Issue per year

Malaysia's Electoral System: Government of the People?

Tsun Hang Tey

1National University of Singapore

Citation Information: Asian Journal of Comparative Law. Volume 5, Issue 1, Pages –, ISSN (Online) 1932-0205, DOI: 10.2202/1932-0205.1279, August 2010

Publication History:
Published Online:
2010-08-01

This article seeks to examine the constitutional and legal aspects of Malaysia’s election laws (within its first-past-the-post electoral system) seen within the broader socio-political context of Malaysia’s plural society and ethnic-based political representation to evaluate if they conform to democratic principles and equitable standards. In particular, this article seeks to: (i) explore how the growth of the dominant political elite has had direct implications for the development of Malaysia’s electoral regime and arrangements for the holding of democratic elections; (ii) survey the implementation and enforcement of the election laws, including the Elections Act, Election Offences Act, Election Commission Act, Election Petition Rules and Elections (Conduct of Elections) Regulations; (iii) examine the need of immunity for the Election Commission; (iv) examine the role of the judiciary; and (v) highlight the areas for urgent electoral reforms to restore public confidence in the electoral system and ensure the legitimacy of the political system.

Keywords: electoral system

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