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3.1 Assess and evaluate the positive aspects and the drawbacks.

For me the development of judicial review in Malaysia, has both positive aspect and drawbacks like
many other countries. Judicial review is a crucial component of the rule of law and the separation of
powers, as it allows the judiciary to review and potentially invalidate decisions made by the executive
and legislatives branches of the government. Here I will assess and evaluate the positive aspect and
drawbacks of the development of judicial review in Malaysia:

Positive aspects:

1. CHECK ON GOVERNMENT POWER: Judicial review acts as a crucial check on government

power and helps maintain the separation of powers. It ensures that the executive and
legislative branches do not overstep their authority or violate constitutional right.
2. PROTECTION OF RIGHT: Judicial review plays a vital role in protecting the freedom and
human right for the citizen. The judiciary can repel abuse of power from the government and
avoid the potential abuses of power.
3. LEGAL CERTAINTY: Judicial review decision help establish legal regulations and clarify the law,
making citizens have confidence in our legal system, knowing our government will act follow
the constitutional.
4. CONSTITUIONAL SUPREMACY: It reinforces the principle of constitutional supremacy,
making sure that Malaysian Constitution is the supreme law of the land. This is important to
keep the rule of law and avoid abuse of power in our legal system.
5. ENHANCING DEMOCRACY: Judicial review contributes to the development of a robust
democracy. It encourages transparency and accountability, as government action can be
challenged in court, making public officials more cautious in their decision-making.

Drawbacks:

1. LIMITED RESOURCES: The judiciary in Malaysia, as in many countries may have a limited
resources and face a backlog cases. This can hinder the efficient operation of the judicial
review process.
2. CHALLENGE TO THE AUTHORITY’S POWER: Judicial review can be used by parties which
want to oppose the authorities and can be a constant challenge to the authority of the
authorities, which may affect their efficiency and effectiveness.
3. LEGAL COMPLEXITY: The legal process for judicial review can be complex, and individuals
without legal expertise may find it challenging to navigate. This can limit access to justice for
some citizens. This complexity may also lead to delays in resolving important legal matters.
4. JUDICIAL ACTIVISM: One potential drawback is the risk of judicial activism, where the
judiciary become to involve in policymaking. This can lead to concerns about the courts
overstepping their boundaries and interfering with the role of the elected branches.
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3.2 Discuss if the authors arguments were verified by the evidence of the article.

For me the authors argument was all verified by the evidence so far. The Author uses all the legal
case, court decision and federal constitution to that is relevant to the argument. For instance, the
author uses legal case PP V Kok Wah Kuan and Pengarah Tanah dan Galian, Wilayah Persekutuan
v Sri Lempah Enterprise Sdn Bhd to determined that our separation of power still follow the
constitution and ensure that public authorities do not act beyond the parameters permitted by
the law. The author also uses a legal cases of SIS Forum to prove the article 4(3) provision.