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This agreement was signed on the 21st of January 1948. It relaced the Malayan Union in which the region was a single British Crown Colony. The Federation agreement restored the symbolic rule of several Malayan rulers.
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.
Vulnerability is a term that can be studied from different dimensions – the social, legal, economic and political. This book explores these dimensions and captures the vulnerabilities of particular groups in Malaysia – the transgenders, women, children, aboriginal and indigenous people, the rural fisherfolk, the stateless and the economically disempowered. Mirroring the spectrum of »vulnerable groups« defined by the United Nations Global Compact in the 2016 Sustainable Development Goals Report, this book highlights the unique features that portray vulnerabilities – including gender, age, indigeneity, socioeconomic status and ethnicity. The case studies of vulnerable groups in Malaysia – a multicultural, diverse plural Asian state – would be appreciated by both undergraduate and postgraduate students, academics, researchers and policy-makers, keen in Asian Studies and vulnerabilities.
Preface.
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 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.
The classic reference work that provides annually updated information on the countries of the world.
Compilation Series: A Brief History of Malaysia: Texts and Materials 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 17 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; beginning from the establishment of the Melaka Empire until the recent issues. 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 legal history journey, 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.