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Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Malaysia came into existence on 9/16/63 as a federation of Malaya, Singapore, Sabah (North Borneo), and Sarawak; in 1965 Singapore withdrew from the federation. Offers an in-depth and detailed analysis of the political processes that led to formation of the Federation of Malaysia in 1963. It argues that the Malaysia that came into being following the amalgamation of Malaya, Singapore, Sarawak and North Borneo was a political creation whose only rationale was that it served a convergence of political and economic expediency for the departing colonial power, the Malayan leadership and the ruling party of self-governing Singapore. 'Greater Malaysia' was thus an artificial political entity, the outcome of a concatenation of interests and motives of a number of political actors in London and Southeast Asia from the 1950s to the early 1960s. This led to a number of unresolved compromises between Singapore and Kuala Lumpur and did not obviate the possibility of future difficulties, and the seeds of dissension sown by the disagreements between the two governments were to sprout into major crises during Singapore's brief history in the Federation of Malaysia.
Appended: Summary (8p.) of constitutional proposals for Malaya.
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.
Malaya was first published in 1958. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. As Dr. mills points out, postwar Malaya has, in general, been typical of Southeast Asia politically and economically. This fact makes his account of Malayan developments over the last decade of special significance to anyone concerned about the future of freedom in that part of the world. He traces the changes from the prewar period, when Malaya was under British colonial rule and the bulk of the population was satisfied with its government, to the present, with its political agitation, financial difficulties, and social discontent. He presents a detailed picture of the rubber and tin industries, which are Malaya's basic source of revenue, and assesses their probable status in the future.
Fernando examines important aspects of the drafting of 1957 Federation of Malaya constitution related to the system of governance, division of legislative and executive powers, the conceptualisation of citizenship and the roles of the judiciary and election commission. The book sheds new light on the balances that the Reid Commission sought to embed in the constitution and the historical constitutional debates and discussions which greatly shaped the framing of the new federal constitution between 1956 and 1957. Drawing on historical evidence mainly from declassified primary constitutional documents, it analyses the submissions, debates and discussions among the framers and various interest groups during the drafting of the constitution between 1956 and 1957 to discern more clearly the intentions of the framers on many aspects of governance and distribution of powers embedded in the constitutional provisions. This book reveals more deeply the nature and complexity of the constitutional issues faced by the framers and how they attempted to reach compromises between the various interest groups in Malaya. It is a valuable resource for scholars and academics of Malaysian, Asian and Commonwealth constitutional history as well as those interested in history, law, political science and important aspects of governance and distribution of powers in the system of parliamentary democracy.
“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.