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

Administrative / Constitutional Law

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

By Andrew Harding
Hart Publishing May 2022

Specifications

ISBN-13
9781509927432
Publisher
Hart Publishing
Publication
May 2022
Format
Paperback , 290 pages
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

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.

Table of Contents

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

About the Author

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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