Comparison of habeas corpus in Malaysia and United Kingdom regarding detainees in relation to security law / Abg Zain Azreen Abg Draup Zamahari ...[et al.]

Abg Draup Zamahari, Abg Zain Azreen and Paizan, Farizah and Ashari, Mazriana and Rusli, Siti Farhana (2009) Comparison of habeas corpus in Malaysia and United Kingdom regarding detainees in relation to security law / Abg Zain Azreen Abg Draup Zamahari ...[et al.]. [Student Project] (Unpublished)

Abstract

Nowadays security laws are questioned on its validity pertaining to the right of Habeas Corpus to the detainees. Historically, both Malaysia and UK practices parliamentary system and derived Habeas Corpus from Magna Carta. Both agrees on Habeas Corpus as one of the fundamental human rights and should not be deprived. Article 5 (2) of the Malaysia federal constitution indicate that Malaysia upheld habeas corpus to secure fundamental right to the people. United Kingdom acknowledges habeas corpus in many laws enacted by the parliament. However, in promoting entrench security to the people living in the both countries, the legislature in both countries have enacted security law that suspend Habeas Corpus. These are known as Internal Security Act in Malaysia and Preventive of Terrorist Act in United Kingdom. To what extend these provisions varied with regard to the right of Habeas Corpus? Are there any differences between the two? This research focuses on the comparison of Habeas Corpus in Malaysia and United Kingdom pertaining to the issue of security law. This research will examine the security law, the procedural part, courts system, and its jurisdiction with reference to statutes and decided cases. The final outcome from this research is that, there are major differences between Malaysia and United Kingdom on the application of Habeas Corpus pertaining to the security law that is on how courts grant decision on Habeas Corpus to detainees.

Metadata

Item Type: Student Project
Creators:
Creators
Email / ID Num.
Abg Draup Zamahari, Abg Zain Azreen
2007294138
Paizan, Farizah
2007294182
Ashari, Mazriana
2007294278
Rusli, Siti Farhana
2007294104
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Abu Bakar, Noraziah
UNSPECIFIED
Respondent
Farouqi, Shad Saleem (Prof. Emer.)
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law
K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Administrative law
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons.)
Keywords: habeas corpus, comparison, security
Date: October 2009
URI: https://ir.uitm.edu.my/id/eprint/31801
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