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The Constitution of Malaysia: A Contextual Analysis, 2nd Edition

The Constitution of Malaysia: A Contextual Analysis, 2nd Edition

Author: Andrew Harding
Publisher: Hart Publishing
ISBN: 9781509927432

Previous Edition ISBN: 9781841139715
Published In: May 2022
Format: Paperback , 290 pages
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the fi eld. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing intercommunal 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 sociopolitical perspective. A must read for all students and scholars of Malaysian law.

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

A. Constitutional Monarchy

B. The Prime Minister

C. The Cabinet

D. Administrative Agencies and the Public Service

III. Privatisation and the Public–Private Interface

A. Privatisation and Development

B. Government-linked Companies, the State 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

A. Judicial Activism 1986–88

B. The UMNO Election Case

C. A Perfect Storm: The Judiciary Entangled

D. The Bar Responds

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

Andrew Harding is Professor of Law and Director of the Centre for Asian Legal Studies, Faculty of Law, National University of Singapore.

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