Journal of Southeast Asian Human Rights, Vol. 4 Issue. 1 June 2020 pp. 5 2 – 68 doi: 10.19184/jseahr.v4i1.13591 © University of Jember & Indonesian Consortium for Human Rights Lecturers Post-legislative Scrutiny in the Process of Democratic Transition in Malaysia Khoo Ying Hooi University of Malaya Email:
[email protected] Abstract Malaysia’s 14th general election in 2018 saw the fall of the Barisan Nasional (BN) regime after ruling the country for more than six decades. Prior to the election, Malaysia faced challenges ranging from the absence of state legitimacy, fragile institutions to corruption scandals, leaving little room to have robust discourse on legislative reforms. Promise 16 of the Pakatan Harapan (PH) election manifesto prior to the election, pledges to restore the dignity of Parliament to institutionalize the select committee system in Parliament and the Senate to enable them to function effectively. Whilst there is limited post-legislative scrutiny (PLS) in Malaysia for now, the various reforms in the phase of democratic transition to the administration of PH is a positive sign of the possibility for Malaysia to move into better law- making procedures. This paper examines the work that is currently being undertaken in the Parliament of Malaysia to assess whether the current parliamentary reforms can pave the way for the PLS mechanism to be put in place. Keywords: Malaysia, Democratic Transition, Parliamentary Reforms, Post-legislative Scrutiny, Pakatan Harapan I. INTRODUCTION For decades, democracy in Malaysia has been considered a “flawed democracy” in which civil liberties are not fully guaranteed.1 For democratic transition to take place in a diverse society like Malaysia, it is important to redefine the separation of powers among the three key branches of the structure, namely executive, judicial and legislative.