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This book 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. It concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Red Star Over Malaya is an account of the inter-racial relations between Malays and Chinese during the final stages of the Japanese occupation. In 1947, none of the three major race of Malaya - Malays, Chinese, and Indians - regarded themselves as pan-ethnic "e;Malayans"e; with common duties and problems. With the occupation forcibly cut them off from China, Chinese residents began to look inwards towards Malaya and stake political claims, leading inevitably to a political contest with the Malays. As the country advanced towards nationhood and self-government, there was tension between traditional loyalties to the Malay rulers and the states, or to ancestral homelands elsewhere, and the need to cultivate an enduring loyalty to Malaya on the part of those who would make their home there in future. As Japanese forces withdrew from the countryside, the Chinese guerrillas of the communist-led resistance movement, the Malayan People's Anti-Japanese Army (MPAJA), emerged from the jungle and took control of some 70 per cent of the country's smaller towns and villages, seriously alarming the Malay population. When the British Military Administration sought to regain control of these liberated areas, the ensuing conflict set the tone for future political conflicts and marked a crucial stage in the history of Malaya. Based on extensive archival research, Red Star Over Malaya provides a riveting account of the way the Japanese occupation reshaped colonial Malaya, and of the tension-filled months that followed Japan's surrender. This book is fundamental to an understanding of social and political developments in Malaysia during the second half of the 20th century.
The Second World War set Malaya upon a new course and forced British planners to rationalize the structural anomalies that had kept Malay constitutionally disunited and racially divided. The revolutionary plan unveiled was the Malayan Union which sought to embrace the Malay states and the Straits Settlements, excluding Singapore, under a constitutional union, and to confer, for the first time, political rights on Malaya's non-Malay population through the creation of common citizenship. This provoked an impassioned constitutional controversy which threatened to undermine the very basis of British rule in Malaya and forced the British, barely three months later, to scrap their experiment. This book unravels the inside story of how the Federation of Malaya was formed in February 1948 in the face of an attempt by British planners to form a constitutional union.
From the end of the Second World War in 1945 to the collapse of the Soviet Union in 1991, there was a great deal of turmoil, tension and violence in what became Malaysia as a result of the 1963 Federation; upheavals included the Malayan Emergency of 1948・1960, the independence of Malaya in 1957, Konfrontasi with Indonesia of 1963・1966, the Philippines’ claim to Sabah, the Sarawak Communist Insurgency (1962・1990) and the Second Malayan Emergency of 1968・1989. This book breaks new ground in arguing for a longer trajectory of the Cold War, tracing this phenomenon back to 1920s’ colonial Malaya and Sarawak. Many new research findings showing how Malaysia coped with and overcame the many trials, challenges and difficulties are presented here, further enriching the historiography.
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.
Drawing on source material from official British archives held at the Public Records office, this three-part volume documents the course of Anglo-Malayan relations from the fall of Singapore in February 1942 to the achievement of Malayan independence in August 1957.