Download or read book The constitutional development of the federation of malaysia 1 written by Sim Bin Ho and published by . This book was released on 1976 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Conflicts in Contemporary Malaysia written by HP Lee and published by Oxford University Press. This book was released on 2017-01-19 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Constitution of Malaysia written by Andrew Harding and published by Bloomsbury Publishing. This book was released on 2012-07-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book The Constitution of Malaysia written by Harry E. Groves and published by Singapore, Malaysia Publications. This book was released on 1964 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Download or read book The Making of the Malayan Constitution written by Joseph M. Fernando and published by . This book was released on 2002 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of Malaysia written by Mohamed Suffian (Tan Sri) and published by Oxford University Press, USA. This book was released on 1978 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creating Greater Malaysia written by Tai Yong Tan and published by Institute of Southeast Asian Studies. This book was released on 2008 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malaysia came into existence on 9/16/63 as a federation of Malaya, Singapore, Sabah (North Borneo), and Sarawak; in 1965 Singapore withdrew from the federation. Offers an in-depth and detailed analysis of the political processes that led to formation of the Federation of Malaysia in 1963. It argues that the Malaysia that came into being following the amalgamation of Malaya, Singapore, Sarawak and North Borneo was a political creation whose only rationale was that it served a convergence of political and economic expediency for the departing colonial power, the Malayan leadership and the ruling party of self-governing Singapore. 'Greater Malaysia' was thus an artificial political entity, the outcome of a concatenation of interests and motives of a number of political actors in London and Southeast Asia from the 1950s to the early 1960s. This led to a number of unresolved compromises between Singapore and Kuala Lumpur and did not obviate the possibility of future difficulties, and the seeds of dissension sown by the disagreements between the two governments were to sprout into major crises during Singapore's brief history in the Federation of Malaysia.
Download or read book Proportionality in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2020-08-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
Download or read book A History of the 1957 Federation of Malaya Constitution written by Joseph M. Fernando and published by Taylor & Francis. This book was released on 2024-12-09 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fernando examines important aspects of the drafting of 1957 Federation of Malaya constitution related to the system of governance, division of legislative and executive powers, the conceptualisation of citizenship and the roles of the judiciary and election commission. The book sheds new light on the balances that the Reid Commission sought to embed in the constitution and the historical constitutional debates and discussions which greatly shaped the framing of the new federal constitution between 1956 and 1957. Drawing on historical evidence mainly from declassified primary constitutional documents, it analyses the submissions, debates and discussions among the framers and various interest groups during the drafting of the constitution between 1956 and 1957 to discern more clearly the intentions of the framers on many aspects of governance and distribution of powers embedded in the constitutional provisions. This book reveals more deeply the nature and complexity of the constitutional issues faced by the framers and how they attempted to reach compromises between the various interest groups in Malaya. It is a valuable resource for scholars and academics of Malaysian, Asian and Commonwealth constitutional history as well as those interested in history, law, political science and important aspects of governance and distribution of powers in the system of parliamentary democracy.
Download or read book Constitutional Federalism in Malaysia written by Joo Chung Fong and published by . This book was released on 2008 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 50 Years of Malaysia Federalism Revisited written by Dr. Andrew J. Harding and published by Marshall Cavendish International Asia Pte Ltd. This book was released on 2014-08-15 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Download or read book The Second Creation written by Jonathan Gienapp and published by Harvard University Press. This book was released on 2018-10-09 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Download or read book Malaysian Federalism written by Mohammad Agus Yusoff and published by . This book was released on 2006 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Migration of Constitutional Ideas written by Sujit Choudhry and published by Cambridge University Press. This book was released on 2007-01-18 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
Download or read book India s Founding Moment written by Madhav Khosla and published by Harvard University Press. This book was released on 2020-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
