The Use of Preventive Detention Laws in Malaysia: A Case for Reform

Download The Use of Preventive Detention Laws in Malaysia: A Case for Reform PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 9811558116
Total Pages : 139 pages
Book Rating : 4.8/5 (115 download)

DOWNLOAD NOW!


Book Synopsis The Use of Preventive Detention Laws in Malaysia: A Case for Reform by : M. Ehteshamul Bari

Download or read book The Use of Preventive Detention Laws in Malaysia: A Case for Reform written by M. Ehteshamul Bari and published by Springer Nature. This book was released on 2020-07-07 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.

The Constitutional Law of Bangladesh

Download The Constitutional Law of Bangladesh PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 9819925797
Total Pages : 439 pages
Book Rating : 4.8/5 (199 download)

DOWNLOAD NOW!


Book Synopsis The Constitutional Law of Bangladesh by : M Rafiqul Islam

Download or read book The Constitutional Law of Bangladesh written by M Rafiqul Islam and published by Springer Nature. This book was released on 2023-07-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

The Independence of the Judiciary in Bangladesh

Download The Independence of the Judiciary in Bangladesh PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 9811662223
Total Pages : 192 pages
Book Rating : 4.8/5 (116 download)

DOWNLOAD NOW!


Book Synopsis The Independence of the Judiciary in Bangladesh by : M. Ehteshamul Bari

Download or read book The Independence of the Judiciary in Bangladesh written by M. Ehteshamul Bari and published by Springer Nature. This book was released on 2021-12-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.

Constitutional Conflicts in Contemporary Malaysia

Download Constitutional Conflicts in Contemporary Malaysia PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0191074047
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!


Book Synopsis Constitutional Conflicts in Contemporary Malaysia by : HP Lee

Download or read book Constitutional Conflicts in Contemporary Malaysia written by HP Lee and published by Oxford University Press. This book was released on 2017-01-19 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.

World Report 2018

Download World Report 2018 PDF Online Free

Author :
Publisher : Seven Stories Press
ISBN 13 : 1609808150
Total Pages : 704 pages
Book Rating : 4.6/5 (98 download)

DOWNLOAD NOW!


Book Synopsis World Report 2018 by : Human Rights Watch

Download or read book World Report 2018 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2018-01-30 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Preventive Detention and Security Law

Download Preventive Detention and Security Law PDF Online Free

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792324324
Total Pages : 356 pages
Book Rating : 4.3/5 (243 download)

DOWNLOAD NOW!


Book Synopsis Preventive Detention and Security Law by : Andrew Harding

Download or read book Preventive Detention and Security Law written by Andrew Harding and published by Martinus Nijhoff Publishers. This book was released on 1993-10-19 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1974.

The UN Working Group on Arbitrary Detention

Download The UN Working Group on Arbitrary Detention PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107034450
Total Pages : 655 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!


Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser

Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Fates of Political Liberalism in the British Post-Colony

Download Fates of Political Liberalism in the British Post-Colony PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107012783
Total Pages : 571 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!


Book Synopsis Fates of Political Liberalism in the British Post-Colony by : Terence C. Halliday

Download or read book Fates of Political Liberalism in the British Post-Colony written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2012-02-13 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a theory of political liberalism in the British post-colonies.

Constitutional Conflicts in Contemporary Malaysia

Download Constitutional Conflicts in Contemporary Malaysia PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0198755996
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

DOWNLOAD NOW!


Book Synopsis Constitutional Conflicts in Contemporary Malaysia by : H. P. Lee

Download or read book Constitutional Conflicts in Contemporary Malaysia written by H. P. Lee and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, H P 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.

Law, Government and the Constitution in Malaysia

Download Law, Government and the Constitution in Malaysia PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 900463309X
Total Pages : 331 pages
Book Rating : 4.0/5 (46 download)

DOWNLOAD NOW!


Book Synopsis Law, Government and the Constitution in Malaysia by : Andrew Harding

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.

Constitutional Monarchy, Rule of Law, and Good Governance

Download Constitutional Monarchy, Rule of Law, and Good Governance PDF Online Free

Author :
Publisher :
ISBN 13 : 9789832631279
Total Pages : 428 pages
Book Rating : 4.6/5 (312 download)

DOWNLOAD NOW!


Book Synopsis Constitutional Monarchy, Rule of Law, and Good Governance by : Azlan Shah (Sultan of Perak)

Download or read book Constitutional Monarchy, Rule of Law, and Good Governance written by Azlan Shah (Sultan of Perak) and published by . This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Counter-Terrorism Law

Download Comparative Counter-Terrorism Law PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1316381099
Total Pages : 839 pages
Book Rating : 4.3/5 (163 download)

DOWNLOAD NOW!


Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach

Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.

The Constitution of Malaysia

Download The Constitution of Malaysia PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150992745X
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis The Constitution of Malaysia by : Andrew Harding

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 336 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.

Routledge Handbook of Civil and Uncivil Society in Southeast Asia

Download Routledge Handbook of Civil and Uncivil Society in Southeast Asia PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1000841065
Total Pages : 507 pages
Book Rating : 4.0/5 (8 download)

DOWNLOAD NOW!


Book Synopsis Routledge Handbook of Civil and Uncivil Society in Southeast Asia by : Eva Hansson

Download or read book Routledge Handbook of Civil and Uncivil Society in Southeast Asia written by Eva Hansson and published by Taylor & Francis. This book was released on 2023-02-28 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Civil and Uncivil Society in Southeast Asia explores the nature and implications of civil society across the region, engaging systematically with both theoretical approaches and empirical nuance for a systematic, comparative, and informative approach. The handbook actively analyses the varying definitions of civil society, critiquing the inconsistent scrutiny of this sphere over time. It brings forth the need to reconsider civil society development in today’s Southeast Asia, including activist organisations' and platforms' composition, claims, resources, and potential to effect sociopolitical change. Structured in five parts, the volume includes chapters written by an international set of experts analysing topics relating to civil society: Spaces and platforms Place within politics Resources and tactics Identity formation and claims Advocacy The handbook highlights the importance of civil society as a domain for political engagement outside the state and parties, across Southeast Asia, as well as the prevalence and weight of 'uncivil' dimensions. It offers a well-informed and comprehensive analysis of the topic and is an indispensable reference work for students and researchers in the fields of Asian Studies, Asian Politics, Southeast Asian Politics and Comparative Politics. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by The Research Foundation for State University of New York, USA and The Stockholm Center for Global Asia, Sweden.

World Report 2019

Download World Report 2019 PDF Online Free

Author :
Publisher : Seven Stories Press
ISBN 13 : 1609808851
Total Pages : 957 pages
Book Rating : 4.6/5 (98 download)

DOWNLOAD NOW!


Book Synopsis World Report 2019 by : Human Rights Watch

Download or read book World Report 2019 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2019-02-05 with total page 957 pages. Available in PDF, EPUB and Kindle. Book excerpt: The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

World Report 2021

Download World Report 2021 PDF Online Free

Author :
Publisher : Seven Stories Press
ISBN 13 : 1644210290
Total Pages : 910 pages
Book Rating : 4.6/5 (442 download)

DOWNLOAD NOW!


Book Synopsis World Report 2021 by : Human Rights Watch

Download or read book World Report 2021 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2021-02-02 with total page 910 pages. Available in PDF, EPUB and Kindle. Book excerpt: The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Migrant Workers and ASEAN

Download Migrant Workers and ASEAN PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1315512440
Total Pages : 216 pages
Book Rating : 4.3/5 (155 download)

DOWNLOAD NOW!


Book Synopsis Migrant Workers and ASEAN by : Anisa Santoso

Download or read book Migrant Workers and ASEAN written by Anisa Santoso and published by Taylor & Francis. This book was released on 2017-04-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: ASEAN (The Association of Southeast Asian Nations) has made slow progress in defining a regional policy for the protection of migrant workers. This book examines the normative structures within the institutions at play at both state and regional level of ASEAN, which influence the making of a migrant workers' protection policy.The author puts forward a novel alternative policy analysis tool – the Two Level State and Regional Analysis – that enables satisfactory explanation for policy-making cases, whereby normative institutional structures are involved and social policies are considered. The author argues that the formulation of a working coherent migrant workers protection policy has not been achieved because of the presence of normative institutional structures with ideas unsupportive to the protection of migrant workers, which results in a slow institutionalisation process. Although the migrant workers in question are their citizens, and migrant sending countries are supposed to have more supportive normative structures for workers protection, the author finds that when examined closesly, institutions in both migrant sending and receiving countries tend to have normative structures that are against workers protection. These arguments drive the analytical questions of the book to inquire about the forms of the normative structures involved and their influence in the relevant institutions. A unique contribution to the study of ASEAN and migration in Southeast Asia, this book will be of interest to academics in the field of Social Policy, Migration Studies and Asian Studies, in particular Southeast Asian Studies.