The Constitution of Malaysia

by Andrew Harding

Overview

“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.

Product Details

ISBN-13:	9781509927449
Publisher:	Bloomsbury Publishing
Publication date:	05/19/2022
Series:	Constitutional Systems of the World
Sold by:	Barnes & Noble
Format:	eBook
Pages:	336
File size:	1 MB

About the Author

Andrew Harding is Professor of Law at the National University of Singapore, Singapore.
Andrew Harding is Professor of Law at the National University of Singapore.

Table of Contents

1. Historical Background
I. Symbolic Malacca
II. The Constitution of Malacca and the Malay Concept of Monarchy
III. The Colonial Constitutional Experience: The Residential System
IV. Federalisation
V. The Malayan Union
VI. The Federation of Malaya
VII. The Reid Commission
VIII. The Commission's Report and the Constitutional Debates
IX. The Creation of Malaysia
X. Conclusion
Further Reading

2. Executive Power and the Configuration of the State
I. Introduction
II. Constitutional Structure of the Executive Power
A. Constitutional Monarchy
B. The Prime Minister
C. The Cabinet
D. Administrative Agencies and the Public Service
III. Privatisation and the Public–Private Interface
A. Privatisation and Development
B. Government-linked Companies, the State and the Public–Private Interface
IV. Conclusion
Further Reading

3. The Social Contract
I. Explanation of the Concept and its Origins
II. The May 13 Incident and the 'Rukunegara' Amendments
III. The Social Contract: Implementation and Critiques
Further Reading

4. Parliamentary Democracy in a Plural Society
I. Introduction
II. Elections and the Composition of the Dewan Rakyat
III. Political Parties and the Political Process
IV. Parliamentary Process
V. Parliamentary Accountability
VI. Parliamentary Committees
VII. The Dewan Negara
VIII. Legislation and Emergency Powers
IX. Conclusion
Further Reading

5. Territorial Governance: Monarchy and the State Constitutions
I. Introduction
II. The Powers and Position of the Rulers
III. State Government Formation and the Limits of Royal Powers
IV. The Conference of Rulers
V. Conclusion
Further Reading

6. Territorial Governance: Federal, State and Local Government
I. Introduction
II. Federal and State Powers: A Measure of Autonomy
III. Federal and State Finance
IV. Asymmetry and the Special Position of Sabah and Sarawak
V. Local Government
VI. Conclusion
Further Reading


7. Human Rights: A Struggle over Ambiguity
I. Introduction
II. Attitudes Towards Human Rights
III. Origins of Constitutional Rights
IV. Individual Liberty and Preventive Detention
V. Suhakam: The Human Rights Commission
VI. Human Rights: The Indigenous Perspective
VII. Conclusion
Further Reading

8. The Judiciary and the Defence of Judicial Power
I. Introduction
II. Judicial Independence and the Constitution
III. The Judicial Power
IV. Constitutional Interpretation
V. The Judicial Crisis of 1988
A. Judicial Activism 1986–88
B. The UMNO Election Case
C. A Perfect Storm: The Judiciary Entangled
D. The Bar Responds
VI. Judicial Independence: A Downward Slide
VII. A Scandal Leads to Better Outcomes: The Lawyers' Walk for Justice
VIII. Conclusion
Further Reading

9. Religion and the Constitution
I. Introduction
II. Law and Religion: History and Context
III. Islamicisation and the Islamic State
IV. Islam as the Official Religion
V. Religious Freedom
VI. Conversion and the Courts
VII. Conclusion
Further Reading

Conclusion

Editorial Reviews

This is an excellent and up-to-date expert review of the dynamic constitutional situation in Malaysia. It is highly recommended. - Wilson Tay Tze Vern, Taylor's University Malaysia

From the Publisher