Mobility and movement rights in Malaysia: the constitutional ultimatum
Muhammad Izwan Ikhsan1, Saslina Kamaruddin2, Ku Mohd Amir Aizat Ku Yusof3.
The Constitution of Malaysia protects freedom of movement. However, national security,
public order, public health, punishment of offenders, subversion, emergency and special
immigration rules in Sabah and Sarawak restrict mobility rights under the Constitution. The
purpose of this article is to examine the scope and characteristics of freedom of movement
under the Malaysian Constitution, as well as the reasons for restricting such rights. The
freedom of movement in Malaysia is limited because of the extensive exclusions that can be
used to deny such rights. This article concludes that individual movement rights should be
balanced against competing goals to maintain national security, public health, offender
punishment, subversion, and emergency.
Affiliation:
- Universiti Teknologi MARA Sabah Branch, Kota Kinabalu Campus, Malaysia
- Sultan Idris Education University (UPSI), Malaysia
- Universiti Teknologi MARA Sabah Branch, Kota Kinabalu Campus, Malaysia
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