Malaysia's electoral system: Government of the people?

Abstract

This article seeks to examine the constitutional and legal aspects of Malaysia's election laws (within its first-past-the-post electoral system) seen within the broader socio-political context of Malaysia's plural society and ethnic-based political representation to evaluate if they conform to democratic principles and equitable standards. In particular, this article seeks to: (i) explore how the growth of the dominant political elite has had direct implications for the development of Malaysia's electoral regime and arrangements for the holding of democratic elections; (ii) survey the implementation and enforcement of the election laws, including the Elections Act, Election Offences Act, Election Commission Act, Election Petition Rules and Elections (Conduct of Elections) Regulations; (iii) examine the need of immunity for the Election Commission; (iv) examine the role of the judiciary; and (v) highlight the areas for urgent electoral reforms to restore public confidence in the electoral system and ensure the legitimacy of the political system. © 2010 Berkeley Electronic Press. All rights reserved.