Download or read book The Malayan Law Journal written by and published by . This book was released on 1989 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Malaysian Legal System written by Ashgar Ali Ali Mohamed and published by . This book was released on 2014 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Administrative Action Across the Common Law World written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.
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 Gender Sexuality and Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.
Download or read book Law and Society in Malaysia written by Andrew Harding and published by Routledge. This book was released on 2018-01-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.
Download or read book Constitutional Conflicts in Contemporary Malaysia written by HP Lee and published by Oxford University Press. This book was released on 2017-02-09 with total page 297 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 Breaking The Silence written by G25 Malaysia and published by Marshall Cavendish International Asia Pte Ltd. This book was released on 2015-12-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society. The Contributors Dr Asiah Abu Samah Dr Asma Abdullah Aston Paiva Dr Azmi Sharom Dr Chandra Muzaffar Farouk A. Peru Fawza Sabila Faudzi Firdaus Husni Koh Kek Hoe Lim Heng Seng Dr Maszlee Malik Mohd Afif bin Daud Dr Mohd Azizuddin Mohd Sani Mohd Sheriff Mohd Kassim Dr Mohd Nawab Osman Nizam Bashir Ranita Hussein Rosli Dahlan Dr Shad Saleem Faruqi Shazal Yusuf Zain Dr Syed Farid Alatas Zainah Anwar
Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
Download or read book Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Download or read book Indonesian Private International Law written by Afifah Kusumadara and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
Download or read book Analyzing the Relationship between Corporate Social Responsibility and Foreign Direct Investment written by Ojo, Marianne and published by IGI Global. This book was released on 2016-08-30 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decisions a corporation makes affect more than just its stakeholders and can have wide social, environmental, and economic consequences. The notion of corporate social responsibility (CSR) describes the relationship between a business and society as a whole, considering all tangential effects of business. This facilitates a business environment built around practical regulations and transparency necessary to ensure ethical and responsible business practice. Analyzing the Relationship between Corporate Social Responsibility and Foreign Direct Investment explores the relationship between ethical and environmental standards and foreign investment on the international market. As certain jurisdictions are hesitant to comply with these standards, this publication elucidates the benefits of practicing CSR as a means of sustainable economic growth and to mitigate devastating negative consequences, especially in the developing world. This book is a key reference source for professionals, economists, students of business and finance, policy makers, and government agencies.
Download or read book Islamic Finance in the Financial Markets of Europe Asia and America written by Faiza Ismail and published by Taylor & Francis. This book was released on 2022-08-30 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among international financial centres (IFCs), London is known as the ‘Western hub of Islamic Finance’, on account of its well-developed legal infrastructure. However, Brexit has threatened London’s status and consequently, the financial services industry is moving to Dublin to continue operating in the Euro region. Similarly, Islamic finance (IF) service providers in the UK are also looking to Dublin for expansion of this niche area in euro member states. This is the first book to be written about Islamic finance operations in the Eurozone. The book offers an in-depth description of International Financial Centres and the growth of Islamic Finance, compares the growth of Islamic finance in London, Dubai and Kuala Lumpur, outlines the implications of Brexit for financial service providers in London in general and Islamic investors in particular and also presents a case study of Ireland to establish the latter as the most appropriate country to promote IF in the Eurozone. The time is particularly right for a book exploring the potential of Ireland to emerge as a Eurozone hub of Islamic finance, as a result of Britain’s exit from Europe. The book will cater to the needs of readers studying IF in the disciplines of economics, business, law, and religion. A secondary market includes practitioners, such as policymakers, lawyers, fund managers, accountants, regulators and international investors, who will be interested in exploring the benefits that the UK and Ireland have to offer the Islamic finance industry.
Download or read book Shariah Investment Agreement written by Syed Adam Alhabshi and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-02-08 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk-sharing investment is currently the buzz word in Islamic finance. However, there is an incongruence in applying multilayered and opaque Tijarah contracts for investment purposes. This has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. The authors of Shariah Investment Agreement introduce a legal tool in the form of a Shariah Investment Agreement carefully drafted to ensure that it is Shariah-compliant and can be applied in Common Law jurisdictions as well, so as to allow for the execution of risk-sharing investment in Islamic finance. It details the building blocks and key considerations that must be noted when drafting such agreements so the investor and investee will know what to expect when entering into such a contract. Proper implementation of the Shariah Investment Agreement will pave a clear route to a harmonious convergence between Shariah and Common Law and lead to Islamic finance developing further to become a stronger, unstoppable force in the finance industry.
Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.
Download or read book Drugs Law and Legal Practice in Southeast Asia written by Tim Lindsey and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent a spectrum of approaches to drug regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states.
Download or read book Executive Decision Making and the Courts written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
