This book examines the Malaysian approach to constitutional governance in light of waning 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'.

Introduction 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. The May 13 Incident XI. Conclusion Further Reading Websites 2. Executive Power and the Developmental State I. Introduction II. Constitutional Structure of the Executive Power III. Privatisation IV. The Social Contract: Drafted and Amended V. The Social Contract: Specific Performance VI. Conclusion Further Reading Websites 3 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. Conclusion Further Reading Websites 4 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 Websites 5 Territorial Governance: Federal, State and Local Government I. Introduction II. Federal and State Powers: A Measure of Autonomy III. Federal and State Finance IV. Special Position of Sabah and Sarawak V. A Case Study: State Governance in Selangor Post-2008 VI. Local Government VII. Conclusion Further Reading Website 6 Human Rights in an Authoritarian State I. Introduction II. Emergency Powers and National Security Laws III. Individual Liberty and Preventive Detention IV. Suhakam: The Human Rights Commission of Malaysia V. Human Rights: the Indigenous Perspective VI. Conclusion Further Reading Websites 7 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 VI. Judicial Independence: a Downward Slide VII. A Scandal Leads to Better Outcomes: the Lawyers' Walk for Justice VIII. Conclusion Further Reading Websites 8 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 Websites Conclusion Index

This book examines the Malaysian approach to constitutional governance in light of waning authoritarianism and continuing inter-communal strife. An extremely useful reference point for students studying Malaysian constitutional law or comparative constitutional law as well as a great introductory text for anyone with an interest in the field. Written by an expert in Malaysian constitutional law.

Accessible, contextual introductions to the constitutional systems of the world. In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field. Countries covered by the series so far: Australia The Republic of Austria Belgium Brazil Canada Chile China The Commonwealth Caribbean Czechia The European Union Finland France Germany The Independent States of Central Asia India Indonesia Ireland Israel Italy Japan Malaysia Mexico Myanmar New Zealand Pakistan Poland Romania The Russian Federation Singapore South Africa Spain Taiwan Thailand The United Kingdom The United States of America Vietnam PRAISE FOR THE SERIES "This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context…There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School "... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law "I just wanted to congratulate you on your series "Constitutional Systems of the World"… by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany