By HP Lee
This ebook explores how the separation of powers doctrine in Malaysia has been adversely laid low with a few significant constitutional conflicts one of the quite a few vital organs of presidency. It concludes with the author's concepts at the trajectory of constitutional improvement in Malaysia.
summary:
Read or Download Constitutional conflicts in contemporary Malaysia PDF
Best constitutional law books
The Migration of Constitutional Ideas
The migration of constitutional rules throughout jurisdictions is likely one of the significant good points of up to date constitutional perform. The expanding use of comparative jurisprudence in studying constitutions is one instance of this. during this 2007 e-book, prime figures within the learn of comparative constitutionalism and comparative constitutional politics from North the US, Europe and Australia speak about the dynamic approaches wherein constitutional structures effect one another.
Economics, Law and Individual Rights
This can be the 1st e-book to check person rights from an fiscal standpoint, gathering jointly best articles during this rising niche and displaying the colourful and increasing scholarship that relates them. parts coated contain - the results of constitutional protections of person rights and freedoms, together with freedom of speech and of the click, - the correct to undergo palms, - the perfect opposed to unreasonable searches, - the appropriate opposed to self-incrimination, - the precise to trial through jury, - the proper opposed to merciless and weird punishment, together with capital punishment.
Understanding the European Constitution: An Introduction to the EU Constitutional Treaty
The ecu Union is now coming into a vital part because the ratification procedure speeds up and key debates and referenda ensue in latest and possibly new member states. The Union’s Constitutional treaty is frequently forged as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics.
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the dating between constitutions, nationwide identification, and ethnic, non secular, and cultural range has soared because the cave in of socialist regimes in japanese Europe and the previous Soviet Union. when you consider that global conflict II there has additionally been a proliferation of latest constitutions that fluctuate in different crucial respects from the yankee structure.
- The Sovereignty of Law: Freedom, Constitution, and Common Law
- Challenging the Secular State: The Islamization of Law in Modern Indonesia
- Separating Powers: International Law before National Courts
- Originalism in American Law and Politics: A Constitutional History (The Johns Hopkins Series in Constitutional Thought)
Extra resources for Constitutional conflicts in contemporary Malaysia
Sample text
It ultimately resulted in the removal of Lord President Salleh Abas and two other senior judges of the Supreme Court. This was the most traumatic crisis to afflict the judiciary. Article 125 of the Constitution, which provides for a tribunal mechanism to effect the removal of a judge, was deployed in an unscrupulous manner. That event and ensuing controversies afflicting the judicial institution witnessed the downward spiral in public confidence in the independence and integrity of the judiciary.
Before the Second World War, the political structure that had existed in peninsular Malaya comprised a varied grouping of states. There were nine protected Malay States, of which, four were grouped together to form the Federated Malay States: Perak, Selangor, Negri Sembilan, and Pahang. The remaining States of Johor, Kedah, Kelantan, Perlis, and Terengganu comprised the Unfederated Malay States. 5 North Borneo and Sarawak existed as protected states in Borneo, whilst Brunei remained a sultanate receiving British protection.
The separation of powers doctrine operates at its best when the judicial arm of government is truly independent. The quality of judicial independence, therefore, is a vital ingredient of a vigorous democracy. If the judiciary is cowed by the government of the day, it paves the way for unbridled exercise of authoritarian powers. It can be generally asserted that until 1988, the Malaysian judiciary was well regarded as an independent institution. Although it traversed the path of strict legalism or literalism, its integrity was never questioned.