By examining the notable features within the Malaysian law and constitution, one can understand better the reason behind the problems and issues that the country currently face. The Constitution at the time of its drafting had set out the intention of making Malaysia governed by principles of open democracy. The problem that arises now is because of the government's attitude towards the Constitution. The government has little respect for the Constitution. It is not given its proper respect as the foundation for governing the nation. Rather, it is treated similar to an ordinary legislation that can be amended at will to suit the interest of the current ruling government.
The lack of effective mechanisms to ensure a good constitutional government is the definitive contribution to this problem. As it was mentioned earlier, the executive act in removing the judiciary's power is perhaps the most significant event that has affected the country. This is a sign that separation of powers between the executive, legislative and judicial branch of government in Malaysia is slowly being broken down with the executive branch giving itself more powers.
The retention of the state of Emergency and the ISA legislation could be attributed to the government's desire to have means to maintain its influence and to silence dissent. Without the judiciary having its former power to check the government's abuse of these provisions, it will inevitably lead to a state of arbitrariness.
The increasing emphasis on Islam as the guideline for governing Malaysia is something that must be kept in check to avoid the overzealous elements within the government implementing unacceptable Islamic policy on a multi-religious society.
The Bumiputera privileges provision under the Constitution and the greater role of Islam in influencing official policy has led to ethnic and religious tensions amongst the population. Thus, there is no unified voice that could keep the government accountable. This provision in the end will hurt the country's economy. Currently the government is trying to get back the country's talented professionals who are working outside Malaysia. Most of these professionals are from the non-Bumiputera group. It is very surprising that the government ignored that fact that the Bumiputera provisions caused this problem in the first place. The unwillingness to address the root cause of this issue will only perpetuate the problem.
Some would argue that the public tolerance towards the flaws in the governing of Malaysia has led to the state of stable economic growth that it is in right now. The question that should be asked in response to this is whether the current situation can be sustainable.
