Constitutional Conflicts in Contemporary Malaysia

Constitutional Conflicts in Contemporary Malaysia PDF Author: HP Lee
Publisher: Oxford University Press
ISBN: 0191074047
Category : Law
Languages : en
Pages : 241

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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.

Constitutional Conflicts in Contemporary Malaysia

Constitutional Conflicts in Contemporary Malaysia PDF Author: HP Lee
Publisher: Oxford University Press
ISBN: 0191074047
Category : Law
Languages : en
Pages : 241

Get Book Here

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.

The constitutional development of the federation of malaysia, 1...

The constitutional development of the federation of malaysia, 1... PDF Author: Sim Bin Ho
Publisher:
ISBN:
Category :
Languages : en
Pages : 448

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Book Description


The Constitution of Malaysia

The Constitution of Malaysia PDF Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 1847319831
Category : Law
Languages : en
Pages : 246

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Book Description
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. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'.

Law, Government and the Constitution in Malaysia

Law, Government and the Constitution in Malaysia PDF 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.

Constitutionalism in Asia in the Early Twenty-first Century: The achievement of constitutionalism in Asia: moving beyond 'constitutions without constitutionalism' Albert H.Y. Chen; 2. East Asian constitutionalism in comparative perspective Tom Ginsburg; 3. Major constitutional developments in Japan in the first decade of the twenty-first century Shojiro Sakaguchi; 4. Upgrading constitutionalism: the ups and downs of constitutional developments in South Korea since 2000 Jongcheol Kim; 5. Constitutional change in North Korea Dae-kyu Yoon; 6. Chinese constitutional dynamics: a decennial review Wang Zhenmin and Tu Kai; 7. A decade of changing constitutionalism in Taiwan: transitional and transnational perspectives Jiunn-rong Yeh and Wen-Chen Chang; 8. Hong Kong's constitutional journey: 1997-2011 Johannes Chan; 9. Constitutional developments in Vietnam in the first decade of the twenty-first century Bui Ngoc Son; 10. Constitutionalism in Burma, Cambodia and Thailand: developments in the first decade of the twenty-first century Kevin Y.L. Tan; 11. Constitutional developments in Malaysia in the first decade of the twenty-first century: a nation at the crossroads H.P. Lee; 12. 'We are feeling our way forward, step by step': the continuing Singapore experiment in the construction of communitarian constitutionalism in the twenty-first century's first decade Thio Li-ann; 13. Philippine constitutional law: Republican institutions and populist politics Raul C. Pangalangan; 14. Promoting democracy and finding the right direction: a review of major constitutional developments in Indonesia Nadirsyah Hosen; 15. The Indian constitution in the twenty-first century: the continuing quest for empowerment, good governance and sustainability Surya Deva; 16. The old order is dying, the new order is not yet born: politics of constitution demolishing and constitution building in Nepal Yash Ghai; 17. The impact of internationalisation on national constitutions Cheryl Saunders

Constitutionalism in Asia in the Early Twenty-first Century: The achievement of constitutionalism in Asia: moving beyond 'constitutions without constitutionalism' Albert H.Y. Chen; 2. East Asian constitutionalism in comparative perspective Tom Ginsburg; 3. Major constitutional developments in Japan in the first decade of the twenty-first century Shojiro Sakaguchi; 4. Upgrading constitutionalism: the ups and downs of constitutional developments in South Korea since 2000 Jongcheol Kim; 5. Constitutional change in North Korea Dae-kyu Yoon; 6. Chinese constitutional dynamics: a decennial review Wang Zhenmin and Tu Kai; 7. A decade of changing constitutionalism in Taiwan: transitional and transnational perspectives Jiunn-rong Yeh and Wen-Chen Chang; 8. Hong Kong's constitutional journey: 1997-2011 Johannes Chan; 9. Constitutional developments in Vietnam in the first decade of the twenty-first century Bui Ngoc Son; 10. Constitutionalism in Burma, Cambodia and Thailand: developments in the first decade of the twenty-first century Kevin Y.L. Tan; 11. Constitutional developments in Malaysia in the first decade of the twenty-first century: a nation at the crossroads H.P. Lee; 12. 'We are feeling our way forward, step by step': the continuing Singapore experiment in the construction of communitarian constitutionalism in the twenty-first century's first decade Thio Li-ann; 13. Philippine constitutional law: Republican institutions and populist politics Raul C. Pangalangan; 14. Promoting democracy and finding the right direction: a review of major constitutional developments in Indonesia Nadirsyah Hosen; 15. The Indian constitution in the twenty-first century: the continuing quest for empowerment, good governance and sustainability Surya Deva; 16. The old order is dying, the new order is not yet born: politics of constitution demolishing and constitution building in Nepal Yash Ghai; 17. The impact of internationalisation on national constitutions Cheryl Saunders PDF Author: Hongyi Chen
Publisher:
ISBN: 9781139910910
Category : Constitutional law
Languages : en
Pages :

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Book Description
"Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike"--

The Constitutional and Legal History of Sarawak: Peoples' law making and Brooke rule

The Constitutional and Legal History of Sarawak: Peoples' law making and Brooke rule PDF Author: Alex Cuthbert Castles
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 318

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Book Description


The Constitution of Malaysia

The Constitution of Malaysia PDF 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.

A BRIEF HISTORY OF MALAYSIA: TEXTS AND MATERIALS

A BRIEF HISTORY OF MALAYSIA: TEXTS AND MATERIALS PDF Author: HASBOLLAH BIN MAT SAAD
Publisher: PENA HIJRAH RESOURCES
ISBN: 9675523158
Category : Art
Languages : en
Pages : 281

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Book Description
Compilation Series: A Brief History of Malaysia: Texts and Materials is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 17 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of law in Malaysia; beginning from the establishment of the Melaka Empire until the recent issues. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the cases). The purpose of this book is to take the readers on an introduction to Malaysian legal history journey, by which, the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.

Constitutional Asymmetry in Multinational Federalism

Constitutional Asymmetry in Multinational Federalism PDF Author: Patricia Popelier
Publisher: Springer
ISBN: 3030117014
Category : Political Science
Languages : en
Pages : 526

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Book Description
This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

The Constitutional History and Constitution of the Church of England

The Constitutional History and Constitution of the Church of England PDF Author: Felix Makower
Publisher: de Gruyter
ISBN:
Category : Social Science
Languages : en
Pages : 570

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Book Description
No detailed description available for "The Constitutional History and Constitution of the Church of England".