Constitutional conflicts in contemporary Malaysia / H.P. Lee, Emeritus Professor of Law, Monash University.
2017
KPG2070 .L44 2017 (Map It)
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Details
Author
Title
Constitutional conflicts in contemporary Malaysia / H.P. Lee, Emeritus Professor of Law, Monash University.
Published
New York, NY : Oxford University Press, 2017.
Call Number
KPG2070 .L44 2017
Former Call Number
Mal 910 L512 2017
Edition
Second edition.
ISBN
9780198755999 (hbk.)
0198755996 (hbk.)
0198755996 (hbk.)
Description
xii, 214 pages ; 24 cm
System Control No.
(OCoLC)989810978
Summary
In this book, H.P. Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Note
In this book, H.P. Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Bibliography, etc. Note
Includes bibliographical references (pages 197-210) and index.
Record Appears in
Table of Contents
Table of Cases
xvii
Table of Statutes
xxi
Abbreviations and Glossary
xxv
Introduction
1
1.
Constitutional History and Political Developments
5
Malayan Union
6
Federation of Malaya
7
Reid Commission
8
Formation of Malaysia
10
Separation of Singapore from Malaysia
13
1966: The Sarawak Crisis
14
May Thirteenth Crisis
17
Post---May Thirteenth Developments
19
1983 and 1993 Constitutional Crises: Malay Rulers under Siege
21
1988 Judiciary Crisis
22
1988 Constitutional Amendments
22
Anwar Ibrahim Saga and the Rise of Reformasi
23
False Dawn of a `New Era'?
26
Concluding Observations
28
2.
Constitutional Crisis of 1983
31
Some Relevant Provisions of the Constitution
32
Constitution (Amendment) Bill 1983
33
Constitution (Amendment) Act 1984
43
Appraisal
47
Constitution (Amendment) Act 1994: The Last Nail in the Coffin of Royal Assent
49
3.
Battle over Royal Immunity
51
Background to the Crisis: The `Gomez Incident'
52
Remedy Proposed by the Government
52
Proposed Changes
54
Reasons for the Rulers' Back-down
58
Reaping What They Have Sown
60
Evaluation of the Conflict
61
4.
Malay Rulers: A Royal Resurgence?
63
Mahathir's Triumph over the Rulers
63
Royal Resurgence of Power?
64
2009 Perak Crisis
66
Pardoning Power
70
Rulers as Guardians of the Nation
73
Conclusion
74
5.
Judiciary under Siege: The 1988 Crisis
77
Backdrop
78
Chronology of Events
87
Removal of the Lord President: An Analysis of the First Tribunal Report
91
Removal of Other Supreme Court Judges: An Analysis of the Second Tribunal Report
99
Concluding Observations
106
Belated Recognition of Injustice
109
6.
Reforming the Judiciary: A Triumph of Form over Substance?
111
Introduction
111
What Has To Be Done
126
Conclusion
128
7.
Islamization Phenomenon: The New Constitutional Battlefront
131
Introduction
131
Growing `Islamization' Phenomenon
135
Lessons from the Malaysian Experience
145
8.
Whither Constitutionalism?
153
Constitutionalism
153
Emergency Powers
154
Constitutional Amendments to the Emergency Powers Provisions
159
Process of Constitutional Change
163
Separation of Judicial Power Doctrine: Where Has It Gone?
164
Resurgence of Sedition Laws
166
Constitutional Amendments
181
National Security Council Act 2016
182
Conclusion
183
9.
Conclusion
187
Appendix 1
Proclamation of Constitutional Principles (1992)
193
Appendix 2
Perak Crisis of 2009: Sultan Azlan Shah's Statement
195
Bibliography
197
Index
211