文章基本信息

标题：Modelling Lockean Legalism in the Executive Emergency Power on Environment and Climate Change Domain in Malaysia
本地全文：下载
作者：Mazlina Mohamad Mangsor ; Norazlina Abdul Aziz ; Nur Ezan Rahmat 等
期刊名称：International Journal of Academic Research in Business and Social Sciences
电子版ISSN：2222-6990
出版年度：2021
卷号：11
期号：5
页码：774-784
DOI：10.6007/IJARBSS/v11-i5/10032
语种：English
出版社：Human Resource Management Academic Research Society
摘要：Human rights activists demanded a stringent action from the Executive due to an annual occurrence of river pollution and a recurring haze disaster in 2019. The proposed move includes removal of the respective Environment Minister and an emergency declaration by the King (YDPA) to address the above situations. It is under this premise that the Lockean legalism model is explored in relation to the emergency power conferred to the Executive i.e., the Monarch. Modelling John Locke’s legalism, namely conditions of political legitimacy meaningfully describe legitimate sovereign approach to laws that are conducive to public good. The primary aim of the research is to legally explore the adoption of Lockean legalism in examining the extent of the powers conferred to the YDPA and the enumerated function of the Conference of Rulers in the proclamation of emergency in the environment and climate change domain in Malaysia. The research employs a qualitative methodology and incorporates a content analysis approach. The outcome of this study is a proposed measure using the Lockean mechanism in understanding the power to proclaim emergency in the environmental crisis. This research is significant as it would contribute to the body of knowledge to enhance the prerogative power of the YDPA in relation to the state of emergency.