The Constitution of Malaysia, Further Perspectives and Developments PDF Download
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Author: Francis A. Trindade
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 310
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Book Description
Author: Francis A. Trindade
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 310
Get Book Here
Book Description
Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 150992745X
Category : Law
Languages : en
Pages : 336
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Book Description
“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.
Author: Andrew Harding
Publisher: BRILL
ISBN: 900463309X
Category : Law
Languages : en
Pages : 331
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Book Description
This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.
Author: HP Lee
Publisher: Oxford University Press
ISBN: 0191074055
Category : Law
Languages : en
Pages : 297
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Book Description
In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Author: Imtiaz Omar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633758
Category : Law
Languages : en
Pages : 409
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Book Description
This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Author: Andrew Harding
Publisher: Routledge
ISBN: 1135182728
Category : Business & Economics
Languages : en
Pages : 444
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Book Description
This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Category : Law
Languages : en
Pages : 473
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Book Description
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author: Jaclyn L Neo
Publisher: Bloomsbury Publishing
ISBN: 1509920471
Category : Law
Languages : en
Pages : 307
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Book Description
This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Author: Vidhu Verma
Publisher: Lynne Rienner Publishers
ISBN: 9781588260918
Category : Political Science
Languages : en
Pages : 268
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Book Description
Tracing historical and political dynamics underlying nearly 20 years of authoritarian rule, Verma addresses five issues: Islam, secular nationalism, citizenship, democracy and human rights, arguing that modernization has led to tensions in Malaysia.
Author: Tan Yao Sua
Publisher: Strategic Information and Research Development Centre
ISBN: 6297575010
Category : Education
Languages : en
Pages : 235
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Book Description
Education in multiethnic societies is a subject of considerable debates in almost all parts of the world. These debates have invoked strongly-felt positions between competing ethnic groups over a host of issues that have a profound impact on the nation building process. Apart from deep-seated issues arising from contrasting internal demands over educational rights and equality, emerging issues arising from external influences such as the global spread of English as a result of globalisation have also impacted the nation building process of multiethnic societies. It is against this context that educational issues in multiethnic societies merit our attention. In the case of Malaysia, discourses over these issues are particularly intense and hotly contested by the different ethnic groups. This is primarily because of the extreme difficulties in mediating these complicated issues which are impinged by competing socio-cultural, economic and political interests. This book explores the contested terrains of education in multiethnic Malaysia. It comprises seven chapters that cover three crucial areas of educational provisions and delivery, namely education of ethnic minorities, education and national integration, and educational language policy. These three crucial areas are often the prime concerns of policy makers in multiethnic societies who have to tread a thin line in resolving these issues which are underpinned by intense coterminous interests and inter-ethnic competition, and having the potential to generate conflicts, contestation and power struggle. As far as the Malaysian policy makers are concerned, their efforts in resolving these issues have not been overly successful. It is most unfortunate that their policy decisions are at times influenced by competing political and ethnic interests rather than guided by sound theoretical underpinnings that could put the educational development of the country on a stronger platform and a clearer trajectory.
