RETROSPECTIVE LAWS AND MALAYSIAN PARLIAMENT: AN ANALYSIS

Abstract

The rule of law demands that laws must not be retrospective, it means that a person cannot be tried for an offence if the conduct was not an offence when the person committed it. Nonetheless, this aspect of the rule of law is being attenuated, with some legislation having retrospective effect. This paper aims to study on retrospective laws in Malaysia; its definition, the drawbacks of such laws, the power to enact such laws and the position of retrospective criminal and procedural law in Malaysia. This paper will also look at the position of retrospective laws in international perspective particularly the law in Australia. The methodology employs qualitative research which encompasses library sources and readings such as books and article journals in acquiring the data and relevant information. This study also employs deductive analysis. The result indicates that Parliament indeed have the power to enact retrospective laws which could adversely affects rights or imposes liability. It is hoped that any proposed law which is intended to have retrospective effect is backed by strong reasoning in order to avoid the law being challenged in court and ultimately to be regarded as a denial of justice to the society as they lose the ability to reasonably rely on the existing law.