The Constitution of Malaysia (Constitutional Systems of the World)

“This book should find its place in every person's library...[it is] a resource for engagement and vital critical discourse.” Philip T. N. Koh, Star2 This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law. Acknowledgements Contents Table of Cases Table of Legislation Introduction 1. Historical Background I. Symbolic Malacca II. The Constitution of Malacca and the Malay Concept of Monarchy III. The Colonial Constitutional Experience: The Residential System IV. Federalisation V. The Malayan Union VI. The Federation of Malaya VII. The Reid Commission VIII. The Commission’s Report and the Constitutional Debates IX. The Creation of Malaysia X. Conclusion Further Reading 2. Executive Power and the Configuration of the State I. Introduction II. Constitutional Structure Of The Executive Power III. Privatisation And The Public-Private Interface IV. Conclusion Further Reading 3. The Social Contract I. Explanation of the Concept and its Origins II. The May 13 Incident and the ‘Rukunegara’ Amendments III. The Social Contract: Implementation and Critiques Further Reading 4. Parliamentary Democracy in a Plural Society I. Introduction II. Elections and the Composition of the Dewan Rakyat III. Political Parties and the Political Process IV. Parliamentary Process V. Parliamentary Accountability VI. Parliamentary Committees VII. The Dewan Negara VIII. Legislation and Emergency Powers IX. Conclusion Further Reading 5. Territorial Governance: Monarchy and the State Constitutions I. Introduction II. The Powers and Position of the Rulers III. State Government Formation and the Limits of Royal Powers IV. The Conference of Rulers V. Conclusion Further Reading 6. Territorial Governance: Federal, State and Local Government I. Introduction II. Federal and State Powers: A Measure of Autonomy III. Federal and State Finance IV. Asymmetry and the Special Position of Sabah And Sarawak V. Local Government VI. Conclusion Further Reading 7. Human Rights: A Struggle over Ambiguity I. Introduction II. Attitudes Towards Human Rights III. Origins of Constitutional Rights IV. Individual Liberty and Preventive Detention V. Suhakam: The Human Rights Commission VI. Human Rights: The Indigenous Perspective VII. Conclusion Further Reading 8. The Judiciary and the Defence of Judicial Power I. Introduction II. Judicial Independence and the Constitution III. The Judicial Power IV. Constitutional Interpretation V. The Judicial Crisis of 1988 VI. Judicial Independence: A Downward Slide VII. A Scandal Leads to Better Outcomes: The Lawyers’ Walk for Justice VIII. Conclusion Further Reading 9. Religion and the Constitution I. Introduction II. Law and Religion: History and Context III. Islamicisation and the Islamic State IV. Islam as the Official Religion V. Religious Freedom VI. Conversion and the Courts VII. Conclusion Further Reading Conclusion Index Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. "This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law"-- Provided by publisher