Sedition: courts must act where Parliament fails
Under its sacred judicial oath of office, the judiciary has the duty not only to safeguard constitutional rights but also facilitate the empowerment of such rights.
The Sedition Act 1948 remains in force despite calls for its repeal. The attorney-general has not yet taken any action, and Parliament has focused on other matters, such as funding for 2027. The rakyat (citizens) may have to initiate a constitutional challenge against the law. Legal experts argue that the courts have the authority and constitutional duty to strike down the Act.
They suggest filing a motion in the Federal Court, invoking the oath of office that binds judges to protect and defend the constitutional rights of all Malaysians. The courts could then invite other legal professionals to evaluate the compatibility of the Sedition Act with the constitutional supremacy regime. This approach, similar to the practice in India, should not be overly complicated.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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