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Book
xxiii, 214 pages ; 24 cm
  • Constitutional history and political developments
  • The constitutional crisis of 1983
  • The battle over royal immunity
  • The Malay rulers : a royal resurgence?
  • The judiciary under siege : the 1988 crisis
  • Reforming the judiciary : a triumph of form over substance?
  • The Islamization phenomenon : the new constitutional battlefront
  • Whither constitutionalism?
  • Conclusion.
In 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.
(source: Nielsen Book Data)9780198755999 20170403
Law Library (Crown)
Book
xxiii, 214 pages ; 24 cm
In 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.
(source: Nielsen Book Data)9780198755999 20170403
Green Library
Book
clviii, 1130 pages ; 27 cm
  • Foreword / Philip Yang
  • Foreword / Doug Jones
  • Preface
  • Nature of arbitration
  • The legislative development of arbitration
  • Defining an arbitration
  • The relevance of arbitration
  • Privacy and confidentiality in arbitration
  • Types of arbitration
  • Arbitration agreements
  • Separability of arbitration clause
  • Jurisdiction of arbitral tribunal
  • Who may refer matters to arbitration?
  • Scope of arbitration agreement
  • Existence of disputes or differences
  • Effect of arbitration agreement
  • Stay of concurrent proceedings in court
  • Conditions for obtaining a stay
  • The effect and terms of a stay
  • Injunctions restraining arbitration proceedings
  • Ousting the jurisdiction of the court
  • Commencement of arbitration
  • Appointment of arbitral tribunal under the arbitration agreement
  • Composition of arbitral tribunals
  • Appointment of arbitral tribunal by the Director of the KLRCA or the High Court
  • Revocation of authority and removal of arbitrator
  • Renumeration of arbitrator
  • Conduct of the arbitrations
  • Procedure prior to the hearing
  • Procedure at the hearing
  • Consequences of default by parties
  • Evidence in arbitrations
  • Representation in arbitrations
  • Powers, duties and liability of the arbitral tribunal
  • Powers of the arbitral tribunal
  • Powers of the High Court
  • Jurisdiction of the High Court
  • Types of award
  • Making of the award
  • Substantive requirements of an award
  • Mistakes or omissions in the award
  • Effects of a valid award
  • Remedies and relief
  • Award of interest
  • Costs of the arbitration
  • Offers of settlement and costs protection
  • Taxing or settling costs
  • Challenge to arbitral award
  • Recourse against award
  • Effect of order for remission or setting aside award
  • Enforcement and recognition of arbitral awards
  • Conflict of laws in arbitration
  • Investment arbitration
  • Sports arbitration
  • Maritime arbitration
  • Arbitrations conducted under the KLRCA rules
  • Adjudication under the auspices of the KLRCA.
"New developments bought about by the Arbitration Act 2005 (amended 2011) [are examined]. Each topic draws on current and updated examples of case law, soft law and practical experience from Malaysian and other jurisdictions applying the UNCITRAL model law."-- Provided by publisher.
Law Library (Crown)
Book
xiv, 266 pages ; 24 cm.
  • AcknowledgmentsNote on TranscriptionChronology Introduction: Sharia and the Anthropology of Knowledge 1. Sharia in Malaysia: The Historical Background 2. Family Law: Religious Officials, Reasoning Style, and Controversies 3. Criminal Law: Taking the MiddleRoad 4. Economics: The Malaysian State, Darul Arqam, and the Islamic Party of Malaysia 5. Pro-Sharia Discourses: Race, Religion, and Nation 6. Contra-Sharia Discourses: Islamic and Secular Human Rights 7. Individuals: Views, Voices, and Practices Conclusion: Sharia Cultural Models and SociopoliticalProjectsNotes Glossary ReferencesIndex.
  • (source: Nielsen Book Data)9780295742557 20171211
Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism.Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.
(source: Nielsen Book Data)9780295742557 20171211
Law Library (Crown)
Book
xiv, 266 pages : illustrations ; 24 cm.
  • AcknowledgmentsNote on TranscriptionChronology Introduction: Sharia and the Anthropology of Knowledge 1. Sharia in Malaysia: The Historical Background 2. Family Law: Religious Officials, Reasoning Style, and Controversies 3. Criminal Law: Taking the MiddleRoad 4. Economics: The Malaysian State, Darul Arqam, and the Islamic Party of Malaysia 5. Pro-Sharia Discourses: Race, Religion, and Nation 6. Contra-Sharia Discourses: Islamic and Secular Human Rights 7. Individuals: Views, Voices, and Practices Conclusion: Sharia Cultural Models and SociopoliticalProjectsNotes Glossary ReferencesIndex.
  • (source: Nielsen Book Data)9780295742557 20171211
Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism.Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.
(source: Nielsen Book Data)9780295742557 20171211
Green Library
Book
274 pages : portraits ; 23 cm
On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society.
(source: Nielsen Book Data)9789814677219 20170502
Green Library
Book
xii, 244 pages : illustrations ; 24 cm.
  • Flagless vessel
  • What is a human rights claim?
  • What is a human rights commitment?
  • Between moral blackmail and moral risk
  • The place where we stand
  • Imagination and the human rights encounter.
This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
(source: Nielsen Book Data)9789811003813 20161213
Law Library (Crown)
Book
159 pages : illustrations ; 23 cm
  • Foreword
  • Acronyms and abbreviations
  • Executive summary
  • Overall assessment and recommendations
  • Malaysia's socio-economic and innovation context
  • Organisation of Malaysia's intellectual property system
  • Intellectual property use in Malaysia: Statistics
  • Intellectual property opportunities and challenges
  • Intellectual property markets, financing and standards.
"In order to attain its objective of becoming a high-income economy by 2020, Malaysia is engaged in efforts to enhance the performance of its innovation system. A range of challenges need to be addressed and different policy tools can help in this respect. For this purpose the national intellectual property (IP) system can play a pivotal role. This review assesses how Malaysian's national IP system promotes innovation and offers recommendations to improve the design of the system. It does so by analysing the organisation and governance of Malaysia's IP system as well as opportunities and challenges for different local users - ranging from small businesses to frontier companies and public research institutions. Moreover, the review discusses the state of IP markets in Malaysia and related policies and provides a comprehensive set of statistics describing the use of IP in Malaysia in recent years" -- publisher's website.
Green Library
Book
xxix, 679 pages ; 26 cm
Law Library (Crown)
Book
1 online resource (377 pages) : illustrations, photographs
An objective documentation by Mark Trowell, eminent QC, international observer and author of the bestseller Sodomy II: The Trial of Anwar Ibrahim. On 9 January 2012, after a lengthy two-year trial, Anwar Ibrahim was acquitted of charges of sodomy against his 23-year-old aide, Mohd Saiful. The acquittal was a shock not only to Anwar - who expected to go to jail - but to most international observers who were convinced he would be found guilty. This book takes up the story after the acquittal and recounts the events that led to the Malaysian Court of Appeal overturning the ruling in March 2014, convicting Anwar once again of the charge and sentencing him to five years' imprisonment, and the final appeal against the conviction in the Federal Court of Malaysia In October 2014. His conviction ruled him out of contesting a by-election for the parliamentary state seat of Kajang and plans to become the chief minister of Selangor. At the same time his lawyer, veteran MP Karpal Singh, was convicted of sedition, which disqualified him from parliament. Together, these events were seen as an attack on the key leaders of the opposition parties. Against a backdrop of political intrigue and legal manoeuvring, the book also recounts the events of the 2013 General Election with serious allegations of electoral fraud; the sudden death of Karpal Singh in 2014 in a car accident, which robbed Anwar of his main supporter and legal counsel; the appointment of UMNO lawyer Mohd Shafee to prosecute the case against Anwar; accusations by a retired senior police officer that the prosecutor had accused the Attorney-General of criminal misconduct and corruption; and attempts to link Anwar to the tragic loss of MH370.
(source: Nielsen Book Data)9789814561617 20160802
Book
xxiii, 266 p. ; 22 cm.
  • Introduction
  • Historical background
  • Executive power and the developmental state
  • Parliamentary democracy in a plural society
  • Territorial governance : monarchy and the state constitutions
  • Territorial governance : federal, state and local government
  • Human rights in an authoritarian state
  • The judiciary and the defence of judicial power
  • Religion and the constitution.
Malaysia's constitution was set at the independence of the Federation of Malaya 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 assumptions underlying 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 developmental 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 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'.
(source: Nielsen Book Data)9781841139715 20160612
Law Library (Crown)
Book
xxiii, 266 p. ; 22 cm.
  • 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.
  • (source: Nielsen Book Data)9781841139715 20160612
Malaysia's constitution was set at the independence of the Federation of Malaya 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 assumptions underlying 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 developmental 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 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'.
(source: Nielsen Book Data)9781841139715 20160612
Green Library
Book
xxviii, 197 p. ; 25 cm
  • Introduction
  • General discussion on Islamic judiciary and criminal procedure
  • Syariah courts in Malaysia : a brief overview
  • General principles on investigation
  • Arrest
  • Search, seizure and examination of witnesses
  • Initiating criminal proceedings, framing a charge and prosecution
  • Trial
  • Judgment, sentencing, appeal and revision.
Law Library (Crown)
Book
xlii, 405 p. : ill. ; 26 cm
  • Introduction
  • Sources of Malaysian law
  • Institutions and personnel of the law
  • Trial process and legal aid.
Law Library (Crown)
Book
xv, 184 p. : ill. ; 23 cm.
  • How much truth about our illness is good for us? / Norchaya Talib
  • The federal court ruling in Chai Siew Yin v Leong Wee Shing and its implications on the family unit / Sridevi Thambapillay
  • Divorce for non Muslims, law reform Marriage and Divorce Act 1976 v Singapore Women's Charter Chapter 353 / Sivameenambigai Veeriah
  • Penderaan Isteri, remedi-remedi di bawah undang-undang sivil / Suzanna Abd. Hadi
  • Pemakaian Kanun Tanah Negara 1965 (Akta 56) dalam pindahan milikan bagi transaksi wakaf dan hibah di Malaysia : suatu analisis / Siti Mashitoh Mahamood
  • Foreign domestic helpers : a luxury? / Siti Zaharah Jamaluddin
  • Mandatory reporting of child abuse and neglect in Malaysia / Jal Zabdi Mohd. Yusoff
  • "Choosing not be a target" : protecting children from harmful and illegal material on the internet / Manique A.E. Cooray
  • The Pontius Pilate syndrome : how the abdication of constitutional responsibility leads to broken families / Azmi Sharom
  • Implications of the gated community on the family institution / Asnida Mohamad Suhaimi
  • Minoriti seksual, cabaran kepada institusi keluarga Islam masa kini / Zahari Mahad Musa.
Law Library (Crown)
Book
ix, 77 p. ; 21 cm.
  • Introduction
  • The application of Islamic law in Kelantan. Historical context
  • Political context
  • The Hudud Bill
  • The controversy over the bill
  • The application of Islamic law in Aceh. Shariah and Adat law
  • The nature of conflict
  • The dynamics of implementing Islamic law in Aceh
  • Conclusion.
This monograph examines the dynamics involved in implementing Islamic law in Southeast Asia, and how this issue has become a source of conflict in Kelantan, Malaysia and Aceh, Indonesia. Using textual and fieldwork methodology, the study compares and contrasts the collective experience of trying to apply Islamic law in these two locations. In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. Through an analysis of the conditions that have made the emergence of Islamic law in Kelantan and Aceh possible, the author helps extend previous studies on this issue by providing a sociological understanding of religious law as a source of both conflict and identity. Kamaruzzaman Bustamam-Ahmad is a Ph.D. student at La Trobe University, Australia.
(source: Nielsen Book Data)9789749511091 20160604
Law Library (Crown)
Book
ix, 77 p. ; 21 cm.
  • Introduction
  • The application of Islamic law in Kelantan. Historical context
  • Political context
  • The Hudud Bill
  • The controversy over the bill
  • The application of Islamic law in Aceh. Shariah and Adat law
  • The nature of conflict
  • The dynamics of implementing Islamic law in Aceh
  • Conclusion.
This monograph examines the dynamics involved in implementing Islamic law in Southeast Asia, and how this issue has become a source of conflict in Kelantan, Malaysia and Aceh, Indonesia. Using textual and fieldwork methodology, the study compares and contrasts the collective experience of trying to apply Islamic law in these two locations. In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. Through an analysis of the conditions that have made the emergence of Islamic law in Kelantan and Aceh possible, the author helps extend previous studies on this issue by providing a sociological understanding of religious law as a source of both conflict and identity. Kamaruzzaman Bustamam-Ahmad is a Ph.D. student at La Trobe University, Australia.
(source: Nielsen Book Data)9789749511091 20160604
Green Library
Book
xii, 285 p. ; 24 cm.
  • Making Malaysia legally / Wong Sau Ngan and Jomo K.S.
  • The political economy of post-colonial transformation / Jomo K.S. and Chang Yii Tan
  • Post-colonial legal developments / Wong Sau Ngan
  • Financial sector legal developments / Wong Sau Ngan and Shanthi Kandiah
  • Colonial land law and the transformation of Malay peasant agriculture / Jomo K.S.
  • Labour laws and industrial relations / Jomo K.S. and Vijayakumari Kanapathy
  • Investment and technology policy / Jomo K.S.
  • Institutional initiatives for crisis management, 1998 / Wong Sook Ching and Jomo K.S.
  • Corporate governance reform for East Asia / Jomo K.S.
This pioneering volume develops an institutionalist analysis of Malaysia's post-colonial economy by exploring the political economy of development and particularly the interface between economics and law. The various authors show that economic policy initiatives in Malaysia have often been accompanied by corresponding legislative and regulatory reforms intended to create an appropriate legal environment, and that economic problems or crises arising from earlier policies have led to major legislative innovations.The volume begins with a survey of Malaysia's colonial legal heritage and significant postcolonial developments, and the relationship between economic change, institutional developments and the law. Colonial land law transformed the rural Malay population, and the authors show that the routine depiction of this sector of the economy as a 'traditional' relic of the pre-colonial era is misleading. With regard to industry, the government changed course after independence, promoting manufacturing investments and technological progress, and forging new industrial relations between the state and trade unions. Drawing on this background the book rejects claims that corporate governance failures caused the financial crisis of the 1990s, and criticizes claims for the superiority of Anglo-American arrangements for corporate governance.
(source: Nielsen Book Data)9789971693909 20160528
Green Library
Book
xvi, 125 p. ; 22 cm.
Green Library