Reflections On The Malaysian Constitution

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.

“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.

This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.

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.

The A to Z of Malaysia encapsulates the development of Malaysia from prehistory to the early years of the 21st century. It covers not only Malaysia's history but also its politics, economy, multiethnic society, multiculturalism, scientific and technological developments, and the state of its environment. A host of contemporary issues and challenges are featured, including ethnic polarization, economic equity, and polygamy; concepts like Ketuanan Melayu (Malay Dominance), "Malaysian Malaysia," "Malay," and Islam Hadhari (Civilizational Islam); and terms like "Ali Baba" business, kiasi, bejalai, and "Twenty Points." Over 500 cross-referenced dictionary entries are contained in this reference, covering everything from ethno-historical entries to those on culinary favorites and personalities. A chronology, an introductory essay, appendixes, and a bibliography complement the dictionary entries, enhancing the authoritative and up-to-date information provided.

This title is the first study to relate the history and contemporary role of the South East Asian monarchy to the politics of the region today. Comprehensive & up-to-date, Monarchy in South East Asia features an historical and political overview of *Cambodia *Thailand *Malaysia *Brunei *Indonesia *Laos *as well as the region in general. The excellent coverage of this fascinating subject should be of interest to general reader as well as to specialists focusing on region.