The Constitution of Malaysia: A Contextual Analysis
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At independence in 1957, Malaysia's
constitution was set 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 upon between the leaders of the three main
ethnic groups (Malay, Chinese, and 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 it explains the ways
in which a supposedly doomed colonial text has come to be known as 'our
constitution.' The book will be an extremely useful, introductory reference
point for students studying Malaysian constitutional law or comparative
constitutional law. (Series: Constitutional Systems of the World)
