LAW4108

Constitutional law of Malaysia 406

Not offered in 1999

Professor H P Lee

6 points - Three 1-hour seminars per week - Clayton

Objectives On completion of this subject students should (1) have acquired an understanding of the functioning of the Malaysian constitutional system; (2) have acquired an appreciation of contemporary issues relating to the constitutional and political systems of Malaysia; and (3) be able to see the dynamics of constitutional change in the context of a developing society, with a diversity of races, religions and cultures.

Synopsis The subject will deal with a number of the essential features of the Malaysian Constitution: the guarantees of fundamental liberties; the role of the Conference of Rulers; relations between the federation and the states; the judiciary; special and emergency powers; processes of constitutional amendments. Special emphasis will be given to the separation of powers doctrine. The methods, techniques and attitudes of the Malaysian judiciary in constitutional interpretation will be explored from a comparative perspective.

Assessment Written research assignment (5000 words): 50% - Final examination (2 hours): 50%

Texts

Lee H P Constitutional conflicts in contemporary Malaysia OUP, 1995
The Federal Constitution Latest edn, International Law Book Services, Kuala Lumpur

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