Criminal And Constitutional Law In Malaysia A Comparative Approach

Criminal Law and Constitutional Law in Malaysia: A Comparative Approach is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 10 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of law in Malaysia; especially criminal and constitutional law matters. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the cases). The purpose of this book is to take the readers on an introduction to Malaysian Criminal and Constitutional Law by which the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

Penerbit : Airlangga University Press ISBN: 9786024737689 Introduction to Commercial Laws in Indonesia and Malaysia offers an overview of relevant topics in commercial laws from a comparative perspective, to facilitate understanding of commercial laws in Indonesia and Malaysia. Both Indonesia and Malaysia legal systems have their own specific and detailed principles and rules on commercial laws, but the transnationalization of trade and legal practice means that businessmen and legal practitioners may need to apply a comparative approach.

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

After the Continental-European type of specialized constitutional courts has globally largely prevailed over the past two decades (at least beyond the Anglo-Saxon world), constitutional courts increasingly decided questions with far-reaching political consequences in various political settings. In this respect, a general tendency towards the judicialization of politics is embodied particularly clearly in the institution of constitutional courts. Correspondingly, role and performance of constitutional courts are increasingly challenged in political debate in a range of political settings and became one of the most interesting topics in recent academic discourses on constitutional theory. Despite their common roots in a few models these courts vary widely in their role within the constitutional system, their functions and their effective performance. Against this background the contributions collected in this volume address - among others - questions such as the constitutionalization of the legal system and the increasing politicalization of constitutional courts. The contributions refer to the constitutional systems of Cambodia, Croatia, Germany, Indonesia, Japan, Pakistan, Poland, Spain, South Korea, Thailand and Vietnam. Practice-oriented perspectives are provided by the contributions of incumbent or former constitutional court justices among the authors (from Cambodia, Croatia, and Poland).

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i