Journal of Malaysian and Comparative Law

The 2023 edition of the JMCL features three articles. In "Special Financial Provisions for Sabah Under the Federal Constitution: The Issue of The 40% Special Grant",  Mazlianie Mohd Lan & Emeritus Professor Datuk Dr. Shad Saleem Faruqi offer a critical analysis of how the Federal Constitution's provisions concerning the exclusive allocation of special revenues or resources to the Borneo States are implemented, with particular emphasis on the two-fifths (40%) Special Grant to Sabah under Article 112C and Part IV of the Tenth Schedule. They emphasize that any disputes regarding the review of this 40% Special Grant or the revenue determination for its calculation must be addressed in strict accordance with the Federal Constitution. Remedies for such disputes may include the appointment of an independent assessor, litigation through public courts, or political negotiations grounded in mutual agreement.

The second paper "Abolition of Natural Life Sentence In Malaysia: A Critical Analysis" examines the justification and implications of imposing natural life imprisonment as an alternative to the death penalty in cases where the death sentence is not mandatory. It contends that natural life imprisonment violates human rights, undermines the dignity and freedom of prisoners, does not serve the public interest, and fails to meet the goals of criminal punishment. In this paper, Moin Uddin calls for the global abolition of natural life sentences and recommends parole as a more humane alternative that preserves human dignity and protects the social and legal rights of inmates.

The third paper "Good Faith in Contract Law: The Malaysian Perspective" aims to enrich current legal scholarship and encourage discourse on the general duty of good faith in contract law. In line with the legal positions in England and Singapore, Ng Seng Yi finds that Malaysian contract law does not recognize a general duty of good faith. Instead, the principle is applied selectively through implied terms in specific contexts. This incremental approach better respects the autonomy and intentions of the contracting parties, maintaining the principle of freedom of contract. However, if parties intend to impose a duty of good faith, they should expressly incorporate such a clause in the contract to prevent uncertainty.