The constitution of Malaysia : a contextual analysis / Andrew Harding.

Format:

Book

Author/Creator:

Harding, Andrew, 1950-

Contributor:

Charles H. Maxson Fund.

Series:

Constitutional systems of the world

Language:

English

Subjects (All):

Constitutional history.

Malaysia--Politics and government--20th century.

Malaysia.

Politics and government.

Malaysia--Politics and government--21st century.

Malaysia. Perlembagaan Persekutuan.

Perlembagaan Persekutuan (Malaysia).

Constitutional law--Malaysia.

Constitutional law.

Constitutional history--Malaysia.

Physical Description:

xxiii, 266 pages ; 22 cm.

Place of Publication:

Oxford [U.K.] ; Portland, OR : Hart Publishing, 2012.

Summary:

"Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'"--P. [4] of cover.

Contents:

Historical background

Executive power and the developmental state

Parliamentary democracy in a plural society

Territorial governance : monarchy and the state constitutions

Territorial governance : federal, state and local government

Human rights in an authoritarian state

The judiciary and the defence of judicial power

Religion and the constitution.

Notes:

Includes bibliographical references and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the Charles H. Maxson Fund.

ISBN:

9781841139715

1841139718

OCLC:

775416243