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Author : Francis A. Trindade
Publisher :
ISBN 13 :
Total Pages : 310 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Constitution of Malaysia, Further Perspectives and Developments written by Francis A. Trindade and published by . This book was released on 1988 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633758
Total Pages : 409 pages
Book Rating : 4.0/5 (46 download)
Download or read book Rights, Emergencies and Judicial Review written by Imtiaz Omar and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrew Harding
Publisher : BRILL
ISBN 13 : 900463309X
Total Pages : 331 pages
Book Rating : 4.0/5 (46 download)
Download or read book Law, Government and the Constitution in Malaysia written by Andrew Harding and published by BRILL. This book was released on 2024-01-22 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Vidhu Verma
Publisher : Lynne Rienner Publishers
ISBN 13 : 9781588260918
Total Pages : 268 pages
Book Rating : 4.2/5 (69 download)
Download or read book Malaysia, State and Civil Society in Transition written by Vidhu Verma and published by Lynne Rienner Publishers. This book was released on 2002 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing historical and political dynamics underlying nearly 20 years of authoritarian rule, Verma addresses five issues: Islam, secular nationalism, citizenship, democracy and human rights, arguing that modernization has led to tensions in Malaysia.
Author : Andrew Harding
Publisher : Bloomsbury Publishing
ISBN 13 : 1509927441
Total Pages : 287 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Constitution of Malaysia written by Andrew Harding and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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 : Routledge
ISBN 13 : 113518271X
Total Pages : 448 pages
Book Rating : 4.1/5 (351 download)
Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
Author : Kevin YL Tan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258094
Total Pages : 276 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Constitution of Singapore written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Singapore's Constitution was hastily cobbled together after her secession from the Federation of Malaysia in 1965. In the subsequent 50 years, the Constitution has been amended many times to evolve a Constitution like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President and the fact that there is no constitutional right to property. This volume seeks to explain the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic state obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the state to search for ethnic management solutions through the Constitution to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, it examines how the concept of the rule of law is perceived by the strong centrist state governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power.
Author : Jaclyn L Neo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920471
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)
Download or read book Pluralist Constitutions in Southeast Asia written by Jaclyn L Neo and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Author : H. Kumarasingham
Publisher : Routledge
ISBN 13 : 1317245105
Total Pages : 212 pages
Book Rating : 4.3/5 (172 download)
Download or read book Constitution-making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Author : Roger Kershaw
Publisher : Routledge
ISBN 13 : 1134667078
Total Pages : 304 pages
Book Rating : 4.1/5 (346 download)
Download or read book Monarchy in South East Asia written by Roger Kershaw and published by Routledge. This book was released on 2002-01-04 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : HP Lee
Publisher : Oxford University Press
ISBN 13 : 0191074055
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)
Download or read book Constitutional Conflicts in Contemporary Malaysia written by HP Lee and published by Oxford University Press. This book was released on 2017-02-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 1139499866
Total Pages : 625 pages
Book Rating : 4.1/5 (394 download)
Download or read book Judiciaries in Comparative Perspective written by H. P. Lee and published by Cambridge University Press. This book was released on 2011-08-11 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Author : Anne Twomey
Publisher : Cambridge University Press
ISBN 13 : 1108573320
Total Pages : 914 pages
Book Rating : 4.1/5 (85 download)
Download or read book The Veiled Sceptre written by Anne Twomey and published by Cambridge University Press. This book was released on 2018-04-12 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.
Author : Jomo Kwame Sundaram
Publisher : NUS Press
ISBN 13 : 9789971693909
Total Pages : 304 pages
Book Rating : 4.6/5 (939 download)
Download or read book Law, Institutions and Malaysian Economic Development written by Jomo Kwame Sundaram and published by NUS Press. This book was released on 2008 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering volume develops an institutionalist analysis of Malaysias post-colonial economy by exploring the political economy of development and particularly the interface between economics and law. The various authors show that economic policy initiatives in Malaysia have often been accompanied by corresponding legislative and regulatory reforms intended to create an appropriate legal environment, and that economic problems or crises arising from earlier policies have led to major legislative innovations.
Author : Gerry Ferguson
Publisher : UBC Press
ISBN 13 : 0774844140
Total Pages : 622 pages
Book Rating : 4.7/5 (748 download)
Download or read book Asia-Pacific Legal Development written by Gerry Ferguson and published by UBC Press. This book was released on 2011-11-01 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.
Author : In-Won Hwang
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812301860
Total Pages : 417 pages
Book Rating : 4.8/5 (123 download)
Download or read book Personalized Politics written by In-Won Hwang and published by Institute of Southeast Asian Studies. This book was released on 2003-10-13 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an innovative analysis of regime maintenance and transformation in Malaysia. It goes beyond familiar approaches centred on communal politics, or the corporate workings of Malaysia Inc., to stress the importance of power maintenance -- tracing a path from consociational bargaining, to authoritarian UMNO dominance, to Dr Mahathir's personal dominance.
Author : Anthony Milner
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9814517917
Total Pages : 239 pages
Book Rating : 4.8/5 (145 download)
Download or read book Transforming Malaysia written by Anthony Milner and published by Institute of Southeast Asian Studies. This book was released on 2014-02-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of Malaysia’s 13th General Election some commentators speak of a sharpening of ethnic politics — with Prime Minister Najib blaming a “Chinese tsunami” for his government’s polling setbacks; others are optimistic about the arrival of a new “non-racialized form of politics” and the emergence of “transethnic solidarity”. This book, which engages with both the race paradigm and its opponents, warns that change is likely to come slowly — but is not impossible. Malaysia’s race paradigm is a man-made ideological construct — one that has been contested in the past, and could realistically be contested in the future. In confronting the continuing challenge of globalization, Malaysians should not neglect the history of ideas — and ideology — as they search for new options.
