A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani

When a Parliament dissolves, caretaker government is a government which rules the country at that point of time. In Malaysia, a caretaker government is referring to the previous government which continues to take up the office in a caretaker capacity without the need of taking an oath. The question...

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Main Authors:	Ahmad, Abidah, Farahin, Ainil, Shahzwani, Azlin
Format:	Student Project
Language:	English
Published:	Faculty of Law 2012
Subjects:	Comparative law. International uniform Law
Online Access:	http://ir.uitm.edu.my/id/eprint/28208/ http://ir.uitm.edu.my/id/eprint/28208/1/28208.pdf

id	uitm-28208
recordtype	eprints
spelling	uitm-282082020-02-11T07:21:44Z http://ir.uitm.edu.my/id/eprint/28208/ A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani Ahmad, Abidah Farahin, Ainil Shahzwani, Azlin Comparative law. International uniform Law When a Parliament dissolves, caretaker government is a government which rules the country at that point of time. In Malaysia, a caretaker government is referring to the previous government which continues to take up the office in a caretaker capacity without the need of taking an oath. The question that comes into mind is that can a government which has lost its legitimacy rule the country? Is the establishment of a caretaker government hold on to the concept of democracy which allows the citizens to elect their own choice of leaders through general election? The only provision that is relevant with the establishment of a caretaker government is in Article 43(2) of the Federal Constitution. However, there is no mention of a caretaker government in the provision. The existence of a valid convention which has been adopted and applied in Malaysia can be said to have filled the lacuna of the law with regards to the caretaker government. By examining the relevant provision and the convention, it can be concluded that in Malaysia there is actually no law which particularly govern the establishment of a caretaker government. Apart from that, the discussion in this project paper is being extended on the strengths and weaknesses of the current legal framework of a caretaker government in Malaysia, Bangladesh and New Zealand. In doing so, it is observed that perhaps Malaysia can implement the suitable laws in Bangladesh and New Zealand as to accord the situations in Malaysia with regards to the establishment of a caretaker government. Faculty of Law 2012 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28208/1/28208.pdf Ahmad, Abidah and Farahin, Ainil and Shahzwani, Azlin (2012) A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Comparative law. International uniform Law
spellingShingle	Comparative law. International uniform Law Ahmad, Abidah Farahin, Ainil Shahzwani, Azlin A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
description	When a Parliament dissolves, caretaker government is a government which rules the country at that point of time. In Malaysia, a caretaker government is referring to the previous government which continues to take up the office in a caretaker capacity without the need of taking an oath. The question that comes into mind is that can a government which has lost its legitimacy rule the country? Is the establishment of a caretaker government hold on to the concept of democracy which allows the citizens to elect their own choice of leaders through general election? The only provision that is relevant with the establishment of a caretaker government is in Article 43(2) of the Federal Constitution. However, there is no mention of a caretaker government in the provision. The existence of a valid convention which has been adopted and applied in Malaysia can be said to have filled the lacuna of the law with regards to the caretaker government. By examining the relevant provision and the convention, it can be concluded that in Malaysia there is actually no law which particularly govern the establishment of a caretaker government. Apart from that, the discussion in this project paper is being extended on the strengths and weaknesses of the current legal framework of a caretaker government in Malaysia, Bangladesh and New Zealand. In doing so, it is observed that perhaps Malaysia can implement the suitable laws in Bangladesh and New Zealand as to accord the situations in Malaysia with regards to the establishment of a caretaker government.
format	Student Project
author	Ahmad, Abidah Farahin, Ainil Shahzwani, Azlin
author_facet	Ahmad, Abidah Farahin, Ainil Shahzwani, Azlin
author_sort	Ahmad, Abidah
title	A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
title_short	A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
title_full	A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
title_fullStr	A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
title_full_unstemmed	A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani
title_sort	legal study of a caretaker government in malaysia / abidah ahmad, ainil farahin and azlin shahzwani
publisher	Faculty of Law
publishDate	2012
url	http://ir.uitm.edu.my/id/eprint/28208/ http://ir.uitm.edu.my/id/eprint/28208/1/28208.pdf
first_indexed	2023-09-18T23:19:48Z
last_indexed	2023-09-18T23:19:48Z
_version_	1777419354908917760

A legal study of a caretaker government in Malaysia / Abidah Ahmad, Ainil Farahin and Azlin Shahzwani

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