ISBN : 9780198755999
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.
1 Constitutional History and Political Developments
2 The Constitutional Crisis of 1983
3 The Battle over Royal Immunities
4 The Malay Rulers: A Royal Resurgence?
5 The Judiciary under Siege: The 1988 Crisis
6 Reforming the Judiciary: A Triumph of Form over Substance?
7 The Islamization Phenomenon: The New Constitutional Battlefront
8 Wither Constitutionalism?