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In the six decades as an independent nation, Malaysia has developed its own Parliamentary procedures, processes, conventions and practices. This book aims to be a comprehensive reference for parliamentarians, parliamentary officers, civil servants, serious scholars and researchers, and the general reader with a keen interest in parliamentary affairs. The contributors and editors have consciously chosen to analyse not only the laws of Parliament, but also the practices and the underlying principles underpinning these laws and practices. The clear explanations and examples provided in this book are undoubtedly useful for the reader to understand each rule and practice better.
In the six decades as an independent nation, Malaysia has developed its own Parliamentary procedures, processes, conventions and practices. This book aims to be a comprehensive reference for parliamentarians, parliamentary officers, civil servants, serious scholars and researchers, and the general reader with a keen interest in parliamentary affairs. The contributors and editors have consciously chosen to analyse not only the laws of Parliament, but also the practices and the underlying principles underpinning these laws and practices. The clear explanations and examples provided in this book are undoubtedly useful for the reader to understand each rule and practice better.
“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.
"Covering issues such as freedom of speech and expression, the accountability and integrity of the judiciary, the price of access to justice, the electoral process, elected members and the right to change party, the fights of the orang asli, freedom of communication and the Internet, the legal protection of the right to privacy as well as the rights of women in Malaysia"--Back cover.
The Speaker of the Dewan Rakyat, despite the name, is seldom heard. In this recollection of his short tenure as the Dewan Rakyat Speaker, Tan Sri Ariff Yusof, reveals his side of the story – dissecting the events and procedures of Parliament while providing an insider’s view of the unprecedented political developments that led to the fall of the Pakatan Harapan government in 2020 and his eventual removal. Meanwhile, a global pandemic starts to rage and was met with faltering response from the government, and a suspension of Parliament. Can we expect change to come from the Parliament, in the current scheme of things? Is there political interest to find new ground to move beyond race and religion? Can a Speaker alone change how things are done, independent of the other branches of government? Parliament, Unexpected brings readers through an autobiographical journey to understand the sources of our political dysfunction, and what needs to be done to reset and retell the Malaysian story for a fairer, kinder and more equitable tanah air for all. (Matahari Books)
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.
This is the first and perhaps the only work on the principles governing cabinet government in Malaysia. Although it is written from the perspective of a constitutional lawyer the works take into account the non-legal factors that have shaped and influenced the workings of the cabinet. Updated and revised, this edition includes some of the latest developments and commentaries on the recent case law involving constitutional principles on cabinet.
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.
Criminal Law and Constitutional Law in Malaysia: A Comparative Approach is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 10 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of law in Malaysia; especially criminal and constitutional law matters. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the cases). The purpose of this book is to take the readers on an introduction to Malaysian Criminal and Constitutional Law by which the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.