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Author: H. P. Lee
Publisher: Oxford University Press
Published: 2017
Total Pages: 241
ISBN-13: 0198755996
DOWNLOAD EBOOKThis book 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. It concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Author: HP Lee
Publisher: Oxford University Press
Published: 2017-01-19
Total Pages: 241
ISBN-13: 0191074047
DOWNLOAD EBOOKIn this book, HP 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.
Author: H. P. Lee
Publisher: Oxford University Press, USA
Published: 1995
Total Pages: 155
ISBN-13: 9789676530967
DOWNLOAD EBOOKAuthor: Rainer Grote
Publisher: Oxford University Press, USA
Published: 2012-02-16
Total Pages: 755
ISBN-13: 019975988X
DOWNLOAD EBOOKConstitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Author: Tamir Moustafa
Publisher: Cambridge University Press
Published: 2018-07-25
Total Pages:
ISBN-13: 1108334075
DOWNLOAD EBOOKMost Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: Yvonne Tew
Publisher: Oxford University Press
Published: 2021-07-23
Total Pages: 273
ISBN-13: 0198716834
DOWNLOAD EBOOKConstitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: Randall P. Peerenboom
Publisher: Psychology Press
Published: 2004
Total Pages: 518
ISBN-13: 9780415326124
DOWNLOAD EBOOKRule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Author: Andrew Harding
Publisher: Bloomsbury Publishing
Published: 2022-05-19
Total Pages: 336
ISBN-13: 150992745X
DOWNLOAD EBOOK“This book should find its place in every person's library...[it is] a resource for engagement and vital critical discourse.” Philip T. N. Koh, Star2 This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law.
Author: B. Wain
Publisher: Springer
Published: 2009-11-30
Total Pages: 370
ISBN-13: 0230251234
DOWNLOAD EBOOKMahathir Mohamad turned Malaysia into one of the developing world's most successful economies. He adopted pragmatic economic policies alongside repressive political measures and showed that Islam was compatible with representative government and modernization. He emerged as a Third World champion and Islamic spokesman by standing up to the West.
Author: E. Ann Black
Publisher: Cambridge University Press
Published: 2011-03-10
Total Pages: 429
ISBN-13: 1139495836
DOWNLOAD EBOOKThe study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
