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Author: Joo Chung Fong
Publisher:
ISBN: 9789670915685
Category : Constitutional law
Languages : en
Pages : 587
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Book Description
Author: Joo Chung Fong
Publisher:
ISBN: 9789670915685
Category : Constitutional law
Languages : en
Pages : 587
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Book Description
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'.
Author: Dr. Andrew J. Harding
Publisher: Marshall Cavendish International Asia Pte Ltd
ISBN: 9814561967
Category : Political Science
Languages : en
Pages : 301
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Book Description
On 16 September 1963 Malaysia came into being with the accession of Sabah, Sarawak and Singapore to the existing Federation of Malaya. This book marks the 50th anniversary of this notable event in South East Asia’s history. The focus of the book will be mainly on the experience of Sabah and Sarawak as subjects of the federation. It looks at the experience of federalism from a number of different perspectives, keeping in mind not just the effects of federalism on Sabah and Sarawak but also the effects on the federation as a whole. Has the bargain of 1963 been adhered to? Has Malaysian federalism been a successful example of this form of government in Asia, or has the bargain been undermined in ways contrary to the original deal in the Malaysia Agreement of 1963? What have been the practical effects on East Malaysia during 50 years?
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: Mohammad Agus Yusoff
Publisher:
ISBN:
Category : Political Science
Languages : ms
Pages : 410
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Book Description
Author: David E. Smith
Publisher: University of Toronto Press
ISBN: 1442694572
Category : Political Science
Languages : en
Pages : 334
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Book Description
The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
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.
Author: Anwar Shah
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773560440
Category : Political Science
Languages : en
Pages : 451
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Book Description
Leading scholars and practitioners examine constitutional design and taxing, spending, and regulatory responsibilities at the federal, state/provincial, and local/municipal levels in Australia, Brazil, Canada, Germany, India, Malaysia, Nigeria, Russia, South Africa, Spain, Switzerland, and the United States. This volume also explores the effects of intergovernmental fiscal relations on securing economic unions and improving social welfare.
Author: Baogang He
Publisher: Edward Elgar Publishing
ISBN: 1847207022
Category : Political Science
Languages : en
Pages : 353
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Book Description
This book is a collection of 13 articles which grew out if a workshop on federalism and democratisation in Asia. But, unlike a great many of the publications which have their origins in conferences, this volume has a clear theme running through its contributions, almost all of which are excellent. . . The individual country studies. . . are highly informative, most making imaginative use of the country s history and current politics to illustrate the theme of the tension between nationalising centralisation and pressures for regional decentralisation. Many of these chapters have innovative conclusions about ways in which this tension can be understood. . . this is a serious book, very well produced and indexed. Its chapters are well written with useful notes and lists of references. The volume will be of great interest to specialists on the countries concerned, and has much to offer for anyone with an interest in federalism and the relationship between regionalism and democratisation. Campbell Sharman, The Australian Journal of Public Administration Federalism in Asia provides a valuable resource, both for scholars of Asia in general and for political theorists of federalism. In an academic climate where edited volumes are often assumed to be a lightweight option, Federalism in Asia demonstrates how rewarding this form of publication can be. Graham K. Brown, Political Studies Review Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism. Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements. This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.
Author: Thomas O. Hueglin
Publisher: University of Toronto Press
ISBN: 1442636475
Category : Canada
Languages : en
Pages : 378
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Book Description
"Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time. It does so with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that all along have been at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada's Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada's regionalized political economy and cultural diversity, giving students an interesting and nuanced view of federalism in Canada."--
