Statutory Interpretation in Malaysia | 2023

Statutory interpretation is an important subject in the study and application of the law. Knowing the rules and the application of the rules are important for legal practitioners, judges, academics, and law students. There are words in the statute that have specific meanings and specific legal implications. It is essential to understand the way those words or sentences are used and the way they are to be applied. Given the importance of this subject, it it time that this book provides a detailed look at it from the Malaysian perspective.

Written by a team of authors with experience in the judiciary, the Attorney General’s Chambers, legal practice, and academia, this book provides a diversified yet insightful view on this subject in Malaysia. It covers the principles of interpretation of common law as applied by Malaysian judges. Thorough consideration is focused on the interpretation of the Federal Constitution which raises key issues in many cases argued in Malaysian courts. As the Federal Constitution is the supreme law of Malaysia, the rules of interpretation have been carefully applied by judges to preserve, protect and defend it.

The application of the Interpretation Acts 1948 and 1967, in particular the introduction of purposive interpretation by way of section 17A of that Act, is given close consideration with comparison made to the approaches taken by the courts in other jurisdictions. Some illustrative cases of the application of selected provisions of the Act are discussed.

Further invaluable analysis of statutory interpretation covers extrinsic and intrinsic aids to interpretation as well as the application of presumptions. The status and application of the Malay language in Malaysian legislation are critically studied especially in situations where the Malay and English language texts may produce different interpretations. Rounding up the book, drafting conventions and expressions are looked at with the view of providing pointers on how legislation is drafted, best practices, and explanations of key elements of a statute.

This publication should be welcomed by lawyers, judges, judicial officers, in-house counsel, draftspersons, academics, and students for its comprehensive coverage of the law on statutory interpretation in Malaysia.