50 Years Of Malaysia Federalism Revisited

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?

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.

On 9 May 2018, Malaysia’s Barisan Nasional (BN) government lost the country’s 14th general election (GE14). Replacing it was the Pakatan Harapan (PH) coalition, made up of four parties, three of which had had experience cooperating with each other for a decade, namely Parti Keadilan Rakyat (PKR), the Democratic Action Party (DAP) and Parti Amanah Negara (Amanah). The fourth was the new Parti Pribumi Bersatu Malaysia (PPBM) led by Dr Mahathir Mohamad. The election also saw equally significant changes at the state government level. PH now controlled seven states in total, up from two, while BN went from controlling ten states to retaining but two. PAS regained Terengganu and with its control over Kelantan now held the two East Coast states. The Sabah state government, held by Parti Warisan Sabah (Warisan) aligned itself with PH, while the Sarawak state government chose to stick with BN. As many as ten of the sixty promises listed in the PH 2018 election manifesto related to federalism and Sabah and Sarawak, an indication of the growing importance of these two states (and of state issues more generally). The PH administration’s two significant set-ups were the Special Select Committee on States and Federal Relations and the Special Cabinet Committee on the Malaysia Agreement 1963 (MA63). Serious attempts were made to address concerns by both committees, with achievements being more visible in the Special Cabinet Committee on MA63, possibly due to the greater attention given on Sabah and Sarawak. Issues brought up within the Parliamentary Special Select Committee were not substantively addressed. PH’s time in power saw how states aligned to it maintained a smooth working relationship with the federal government. What was more interesting to note was that even non-PH aligned states such as Kelantan, Terengganu and Perlis also received favourable attention from the federal government. Federal-state relations were much more aggressively tackled under the PH government than under any other preceding administration.

“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.

Prominent scholars across the political divide and academic disciplines analyse how the dominant political parties in Malaysia and Singapore, United Malays National Organisation (UMNO) and the People's Action Party (PAP), have stayed in power. With a focus on developments in the last decade and the tenures of Prime Ministers Najib Tun Razak and Lee Hsien Loong, the authors offer a range of explanations for how these regimes have remained politically resilient.

The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).

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.

What is the future of Malaysia’s former dominant party, the United Malays National Organisation or UMNO? With the loss of government in the May 2018 General Election (GE14) after 61 years in government, the party faces a different, more uncertain future. It is grappling with its new role in the national political opposition and continued questions about the leadership of former prime minister Najib Tun Razak. This collection is an expanded edition of the original 2016, The End of UMNO? It includes the original five essays (including the foreword by current Foreign Minister in the Pakatan Harapan government and former UMNO Supreme Council member Saifuddin Abdullah), as well as new post-GE14 epilogue essays by each of the contributors – John Funston, Clive Kessler, James Chin and Bridget Welsh, all prominent and established scholars studying Malaysian politics. It also includes a new foreword by veteran UMNO leader, Tengku Razaleigh Hamzah, who contested for the party presidency in the June 2018 party elections. The contributors in this collection study developments in Malaysia’s dominant party, the United Malays National Organisation (UMNO) and discuss the question of whether UMNO is in fact at an end. The answers to its future lie in part with a better understanding of its past and present. The authors draw attention to issues of party identity, leadership, membership, governance, institutional change, party financing, internal divisions and its relations with different communities and the public at large. The new and expanded edition draws attention to the factors that contributed to UMNO’s loss of government in GE14 and potential steps ahead. Not only does this book fill an important gap in the scholarly research on UMNO, this book offers different perspectives on the party’s contemporary challenges. This book aims to contribute to understanding, broaden public debate and stimulate further research on arguably one of Malaysia’s most important political institutions.