By HP Lee
This ebook explores how the separation of powers doctrine in Malaysia has been adversely suffering from a few significant constitutional conflicts one of the quite a few vital organs of presidency. It concludes with the author's concepts at the trajectory of constitutional improvement in Malaysia.
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Extra resources for Constitutional conflicts in contemporary Malaysia
The end of the Second World War saw the return of British rule and the disbanding of the Straits Settlements. Penang and Malacca were grouped together with the Malay States in 1946, under a new political body called the Malayan Union. 6 The Malayan Union’s brief and contentious existence lasted until 1948 when it was replaced by the Federation of Malaya. The failure of the Malayan Union could be attributed to two main factors: the position of the Malay Rulers and the question of citizenship. The opposition by the Malays on these grounds was the pointer to the sensitive areas of agreement, which had to be forged in the spirit of compromise to give rise to the ‘Merdeka’ Constitution in 1957.
68 Section 33(10) of the Constitution of Western Nigeria provides that: ‘… the Ministers of the Government of the Region shall hold office during the Governor’s pleasure: Provided that—(a) the Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly; …’ 16 16 Constitutional Conflicts in Contemporary Malaysia, 2e being a term of art, may imply reference to a vote such as a vote of confidence or a vote on a major issue.
The Governor appointed and swore in Datuk Pairin as Chief Minister. Tun Mustapha sought relief from the courts claiming, among other things, that the Governor’s revocation of his appointment as Chief Minister, on 22 April 1984, was ultra vires the Sabah Constitution and was, therefore, null and void. 97 In the course of judgment, he said: I do not consider that the Constitution envisages or permits that the judgment of the Head of State under art. 6(3) could be made in circumstances which I have found to have occurred here, when the swearing in was not made voluntarily and willingly, but was done under pressure, threat, fright and when the mental and physical condition of the Head of State was such that he could not think properly.
Constitutional conflicts in contemporary Malaysia by HP Lee