Gerrymandering and Judicial Review in Malaysia

Abstract

Copyright © 2018 The Author. For the last two years, the government of the state of Selangor in Malaysia has attempted to navigate its way through the Malaysian court system; questioning the constitutionality of re-delineation of electoral boundaries in the state by the Malaysian Elections Commission. This would appear seemingly straightforward as a constitutional question to be determined by the courts vis-à-vis judicial review. The reality, however, is much more bleak. It appears that the Election Commission’s actions can remain largely unchallenged, not only through ouster clauses in particularized elections legislation, but also through the unwillingness of the judiciary to recognize the importance of the constitutional question relating to fair and equitable electoral management.