Author: Francis A. Trindade
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 310

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Book Description

Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 150992745X
Category : Law
Languages : en
Pages : 336

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Book Description
“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.

Author: Andrew Harding
Publisher: BRILL
ISBN: 900463309X
Category : Law
Languages : en
Pages : 331

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Book Description
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.

Author: HP Lee
Publisher: Oxford University Press
ISBN: 0191074055
Category : Law
Languages : en
Pages : 297

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Book Description
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.

Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 1847319831
Category : Law
Languages : en
Pages : 246

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Book Description
Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'.

Author: Imtiaz Omar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633758
Category : Law
Languages : en
Pages : 409

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Book Description
This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.

Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Category : Law
Languages : en
Pages : 473

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Book Description
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Author: Andrew Harding
Publisher: Routledge
ISBN: 1135182728
Category : Business & Economics
Languages : en
Pages : 444

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Book Description
This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.

Author: P. Sloane
Publisher: Springer
ISBN: 0230372082
Category : Political Science
Languages : en
Pages : 233

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Book Description
The book is based on original research on the entrepreneurial leaders in the Malay community and on the author's own participation in Malay business ventures. Sloane draws on her experience of working in Wall Street to analyse the ironies and contradictions in both the prevailing Western, Asian and Malay definitions of entrepreneurship and the 'heroes' of competing styles of capitalism.

Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
ISBN: 1509918949
Category : Law
Languages : en
Pages : 351

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Book Description
This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.