The Constitution Of Malaysia by Andrew Harding


“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 welcome update to the definitive introduction to Malaysia’s constitution written by the subject’s foremost authority. Maintaining its all-encompassing perspective, it looks at constitutional governance in the context of authoritarianism and ongoing intercommunal conflict, as well as the effects of colonisation on Malaysia’s legal system.

It preserves its socio-political orientation while being completely updated to reflect all statute and case law developments. A fundamental text for all researchers and students of Malaysian law.


1. Historical Background
I. Symbolic Malacca
II. The Constitution of Malacca and the Malay Concept of Monarchy
III. The Colonial Constitutional Experience: The Residential System
IV. Federalisation
V. The Malayan Union
VI. The Federation of Malaya
VII. The Reid Commission
VIII. The Commission’s Report and the Constitutional Debates
IX. The Creation of Malaysia
X. Conclusion
Further Reading

2. Executive Power and the Configuration of the State
I. Introduction
II. Constitutional Structure of the Executive Power
A. Constitutional Monarchy
B. The Prime Minister
C. The Cabinet
D. Administrative Agencies and the Public Service
III. Privatisation and the Public–Private Interface
A. Privatisation and Development
B. Government-linked Companies, the State and the Public–Private Interface
IV. Conclusion
Further Reading

3. The Social Contract
I. Explanation of the Concept and its Origins
II. The May 13 Incident and the ‘Rukunegara‘ Amendments
III. The Social Contract: Implementation and Critiques
Further Reading

4. Parliamentary Democracy in a Plural Society
I. Introduction
II. Elections and the Composition of the Dewan Rakyat
III. Political Parties and the Political Process
IV. Parliamentary Process
V. Parliamentary Accountability
VI. Parliamentary Committees
VII. The Dewan Negara
VIII. Legislation and Emergency Powers
IX. Conclusion
Further Reading

5. Territorial Governance: Monarchy and the State Constitutions
I. Introduction
II. The Powers and Position of the Rulers
III. State Government Formation and the Limits of Royal Powers
IV. The Conference of Rulers
V. Conclusion
Further Reading

6. Territorial Governance: Federal, State and Local Government
I. Introduction
II. Federal and State Powers: A Measure of Autonomy
III. Federal and State Finance
IV. Asymmetry and the Special Position of Sabah and Sarawak
V. Local Government
VI. Conclusion
Further Reading

7. Human Rights: A Struggle over Ambiguity
I. Introduction
II. Attitudes Towards Human Rights
III. Origins of Constitutional Rights
IV. Individual Liberty and Preventive Detention
V. Suhakam: The Human Rights Commission
VI. Human Rights: The Indigenous Perspective
VII. Conclusion
Further Reading

8. The Judiciary and the Defence of Judicial Power
I. Introduction
II. Judicial Independence and the Constitution
III. The Judicial Power
IV. Constitutional Interpretation
V. The Judicial Crisis of 1988
A. Judicial Activism 1986–88
B. The UMNO Election Case
C. A Perfect Storm: The Judiciary Entangled
D. The Bar Responds
VI. Judicial Independence: A Downward Slide
VII. A Scandal Leads to Better Outcomes: The Lawyers’ Walk for Justice
VIII. Conclusion
Further Reading

9. Religion and the Constitution
I. Introduction
II. Law and Religion: History and Context
III. Islamicisation and the Islamic State
IV. Islam as the Official Religion
V. Religious Freedom
VI. Conversion and the Courts
VII. Conclusion
Further Reading


Categories: , , Product ID: 7907


Author Andrew Harding 
Publication Date 19 May 2022
ISBN 9781509927432
Format Softcover 


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