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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Constitution of Malaysia: A Contextual Analysis


ISBN13: 9781841139715
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £26.99



Despatched in 6 to 8 days.

Also available as
£22.49
+ £4.50 VAT

Malaysia's constitution was set at independence in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy.

That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic propositions of the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution.

In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's development state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord.

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'.

Subjects:
Other Jurisdictions , Asia
Contents:
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

Series: Constitutional Systems of the World

The Constitutional System of Turkey: A Contextual Analysis ISBN 9781841138534
To be published June 2020
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£14.95
The Constitution of Poland: A Contextual Analysis ISBN 9781509913947
To be published March 2019
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£70.00
The Constitution of Ireland: A Contextual Analysis ISBN 9781509903436
To be published September 2018
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£19.99
The Constitution of Pakistan: A Contextual Analysis ISBN 9781849465861
To be published January 2018
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£27.00
The Constitution of India: A Contextual Analysis ISBN 9781841137360
To be published December 2017
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£19.99
£70.00
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The Constitution of the United Kingdom: A Contextual Analysis 3rd ISBN 9781849469074
Published April 2016
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£15.99
The Constitution of the United Kingdom: A Contextual Analysis 3rd (eBook) ISBN 9781849469081
Published April 2016
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£13.32 + £2.67 VAT
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The Constitution of Romania: A Contextual Analysis ISBN 9781849465137
Published February 2016
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£24.99
The Constitution of Romania: A Contextual Analysis (eBook) ISBN 9781782259589
Published February 2016
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The Constitution of Taiwan: A Contextual Analysis ISBN 9781849465120
Published February 2016
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Constitution of Belgium: A Contextual Analysis ISBN 9781849464154
Published October 2015
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£21.99
Constitution of Belgium: A Contextual Analysis (eBook) ISBN 9781782259466
Published October 2015
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£15.82 + £3.17 VAT
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£18.99
Constitution of Canada: A Contextual Analysis (eBook) ISBN 9781782252610
Published March 2015
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£19.16 + £3.83 VAT
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Constitution of Singapore: A Contextual Analysis ISBN 9781849463966
Published March 2015
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£20.99
Constitution of Singapore: A Contextual Analysis (eBook) ISBN 9781782252689
Published March 2015
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£16.66 + £3.33 VAT
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Constitution of Canada: A Contextual Analysis ISBN 9781841133638
Published March 2015
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£22.99
Constitution of Israel: A Contextual Analysis ISBN 9781841138350
Published June 2014
Hart Publishing
£21.99
Constitution of Israel: A Contextual Analysis (eBook) ISBN 9781782252092
Published June 2014
Hart Publishing
£18.32 + £3.67 VAT
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£18.32 + £3.67 VAT
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Constitution of Mexico: A Contextual Analysis ISBN 9781849462884
Published May 2013
Hart Publishing
£21.99
Constitution of Mexico: A Contextual Analysis (eBook) ISBN 9781782251330
Published May 2013
Hart Publishing
£18.32 + £3.67 VAT
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The Constitution of Spain: A Contextual Analysis (eBook) ISBN 9781782251347
Published May 2013
Hart Publishing
£16.66 + £3.33 VAT
(ePub)
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The Constitution of Spain: A Contextual Analysis ISBN 9781849460163
Published May 2013
Hart Publishing
£20.99
The Constitution of France: A Contextual Analysis ISBN 9781841137353
Published December 2012
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£20.99
The Constitution of France: A Contextual Analysis (eBook) ISBN 9781782250562
Published December 2012
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£16.66 + £3.33 VAT
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The Constitution of Indonesia: A Contextual Analysis ISBN 9781849460187
Published August 2012
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£25.99
The Constitution of Indonesia: A Contextual Analysis (eBook) ISBN 9781847319883
Published August 2012
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The Constitution China: A Contextual Analysis (eBook) ISBN 9781847319913
Published August 2012
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The Constitution China: A Contextual Analysis ISBN 9781841137407
Published August 2012
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£20.99
The Constitution of Malaysia: A Contextual Analysis (eBook) ISBN 9781847319838
Published July 2012
Hart Publishing
£22.49 + £4.50 VAT
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The Constitution of the United Kingdom: A Contextual Analysis 2nd ed (eBook) ISBN 9781847318947
Published January 2012
Hart Publishing
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The Constitution of the United Kingdom: A Contextual Analysis 2nd ed ISBN 9781849461603
Published January 2012
Hart Publishing
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The Constitution of the Russian Federation: A Contextual Analysis ISBN 9781841137841
Published May 2011
Hart Publishing
£21.99
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£22.99
The Constitution of the Republic of Austria: A Contextual Analysis ISBN 9781841138527
Published April 2011
Hart Publishing
£23.99
The Constitution of Finland: A Contextual Analysis ISBN 9781841138541
Published November 2010
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£24.99
The Constitution of Germany: A Contextual Analysis ISBN 9781841138688
Published November 2010
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£20.99
The Constitution of Japan: A Contextual Analysis ISBN 9781841137926
Published November 2010
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£25.99
The Constitution of Australia: A Contextual Analysis (eBook) ISBN 9781847317407
Published November 2010
Hart Publishing
£18.32 + £3.67 VAT
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The Constitution of Australia: A Contextual Analysis ISBN 9781841137346
Published November 2010
Hart Publishing
£21.99
The Constitution of South Africa: A Contextual Analysis (eBook) ISBN 9781847317414
Published July 2010
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£18.32 + £3.67 VAT
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The Constitution of South Africa: A Contextual Analysis ISBN 9781841137377
Published July 2010
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£21.99
The Constitution of Vietnam: A Contextual Analysis ISBN 9781841137391
Published August 2009
Hart Publishing
£25.99
Publication Abandoned
The Constitution of Italy: A Contextual Analysis
ISBN 9781841138343

Hart Publishing
Publication Abandoned
The Constitution of Ireland: A Contextual Analysis
ISBN 9781841138367

Hart Publishing
Publication Abandoned
Publication Abandoned