Constitution of Malaysia

Andrew Harding is Professor of Law at the National University of Singapore, Singapore.

This is an excellent and up-to-date expert review of the dynamic constitutional situation in Malaysia. It is highly recommended.

• 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 MalaysiaX. ConclusionFurther 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. ConclusionFurther 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. ConclusionFurther 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. ConclusionFurther 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. ConclusionFurther 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. ConclusionFurther 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 JusticeVIII. ConclusionFurther 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. ConclusionFurther Reading Conclusion