Fundamental Liberties and Remedies in Malaysia: A Study of the Historical Perspective in the Making of Federal Constitution 1957

Fundamental liberties are essential to every human being for it is the freedom of every human being from birth in this world. These fundamental liberties cannot be denied on the basis of skin color, ethnicity, religion, age, gender, language, political affiliation and social status. It is fundamental to human existence. Thus, fundamental liberties must be preserved and secured properly under the law. Nonetheless, the fundamental liberties are meaningless unless there are guarantees to ensure that it can be enforced effectively by remedies. Almost every written Constitution, provided the provisions of fundamental liberties and constitutional remedies, which have been provided for in the Constitution of Canada, the United States, India, South Africa, Hong Kong, and many other jurisdictions in the Commonwealth. In Malaysia, the fundamental liberties enshrined in the Federal Constitution, but specific provisions relating to remedies for the enforcement of the fundamental liberties provided under an ordinary law. This article aims to examine the fundamental liberties and remedies in Malaysia of the historical perspective in the making of Federal Constitution 1957. The study of history is important to trace back the history of Federal Constitution making as well as to examine whether specific provisions relating to remedies for the enforcement of fundamental liberties had been proposed by the Constitutional Commission of the Federation of Malaya (Reid Commission) during the drafting of the Federal Constitution 1957. Of history, the reasons why the specific provisions relating to remedies did not enshrine in the Federal Constitution 1957 can be identified.