PETALING JAYA: A proposal to create a dedicated Law Ministry has drawn mixed reactions from legal experts.
While some experts warn that it could duplicate existing roles, others believe it could push long-needed reforms and raise Malaysia’s standing in the region.
Constitutional law expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain said the government must first be clear on what the ministry is meant to achieve.
“The objectives must be defined properly.”
Wan Ahmad Fauzi said setting up a new ministry is not the only answer and current bodies could instead be reorganised.
“The Attorney-General’s Chambers (AGC) and other institutions can be placed under an independent body to look after their needs.”
Asked if upgrading the law portfolio under the Prime Minister’s Department to a full ministry would improve accountability, he said it would be better to place it under an independent body.
He added that Article 39 of the Federal Constitution allows executive powers to be delegated to any person or body.
Wan Ahmad Fauzi said any move should be guided by a SWOT (strengths, weaknesses, opportunities and threats) analysis, before Malaysia emulates countries like Singapore and Indonesia, that already have a Law Ministry.
Taylor’s University senior law lecturer Dr Wilson T.V. Tay expressed belief that a Law Ministry could strengthen Malaysia’s legal ecosystem if set up with clear boundaries.
“Creating such a ministry doesn’t require changes to the Constitution. It will mainly be a reshuffle of responsibilities within the executive branch.”
Tay said such a ministry could re-establish a ministerial-level platform for coordinating law reform and innovation, particularly as Malaysia faces the challenges of the Fourth Industrial Revolution and a shifting global environment.
On whether it would bring more transparency, he said it depends on how responsibilities are allocated.
“If the ministry is clearly tasked with leading law reform, it can improve accountability by centralising responsibility.
“But if its duties overlap with those of the AGC or the Home Ministry, it risks becoming just another layer of bureaucracy.”
He added that a full ministry could boost Malaysia’s regional profile by showing a strong commitment to justice and the rule of law, with a Cabinet-level minister dedicated to legal matters.
Tay stressed that the bigger priority is building public trust.
“A Law Ministry should pay more attention to public consultation when drafting reforms, instead of rushing Bills through.”
He said if properly structured, the move to set up the ministry could become more than just an administrative reshuffle.
“I am hopeful that the ministry can not only drive legal reforms but also guide other ministries on how laws should be enforced.”
