Tag: Malaysian Constitution
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The Malaysian General Election of 19 November 2022 and the Problem of the Hung Parliament
—Andrew Harding, Visiting Research Professor, Centre for Asian Legal Studies, National University of Singapore Over the last four years or so, Malaysian politics, which had been eminently predictable under dominant-coalition rule for 60 years, have been fluid and unpredictable to the point of extreme fragmentation.
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Governance by Memorandum: Constitutional Soft Law in Malaysia
—Andrew Harding and Dian AH Shah, National University Singapore Faculty of Law Beginning in early 2020 Malaysia has experienced an extraordinary period of political instability that has tested many constitutional norms to the limit and perhaps beyond the limit. Aspects of this instability have been discussed by us in this blog previously.[1]
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Malaysia’s Game of Thrones amid a Pandemic: Constitutional Implications and Political Significance of the State of Emergency
—Dian A H Shah, National University of Singapore Faculty of Law The old Malay proverb “terlepas dari mulut buaya, masuk ke mulut harimau” (literally translated as “out of the crocodile’s mouth, into the tiger’s mouth”) seems to be an apt description for Malaysia in the new year.
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Acting (or Not Acting) on (Lawful or Unlawful) Advice in Malaysia: From Windsor to Kuantan and Back Again
—Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore As has been previously noted in this blog, Malaysia has been undergoing an unprecedented period of political instability that has tested the interpretation and implementation of many constitutional provisions, especially those relating to the appointment and dismissal of governments.[1]
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Losing the Battle to Win the War: Judicial Self-Empowerment Through Maxi-Minimalism
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On September 26, 2020, President Donald Trump announced Judge Amy Coney Barrett as his nominee to the United States Supreme Court to fill the seat occupied by…
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Beyond Sisyphus and Hercules: Crafting Constitutionalism in Fragile Democracies in Asia
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It is an epic tale of one of the world’s largest financial frauds.[2]
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Constitutionalism in the Time of Corona
—Yvonne Tew, Georgetown University Law Center* [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It’s been said that when democracy dies, it is rarely pronounced dead on the scene.[1]
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Malaysia’s 2020 Government Crisis: Revealing the New Emperor’s Clothes
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] In 2018, Malaysia was hailed as a story of democracy’s triumph. In a historic national election, voters ousted the Barisan Nasional ruling coalition, ending its six decades…
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How are Constitutional Theocracies Born?
—Yvonne Tew, Georgetown University Law Center [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here. For a fuller discussion of the ideas in this post, see Yvonne Tew, Stealth Theocracy, 58 Va.
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Malaysian Federal-State Relations Post GE14
[Editor’s Note: This is the third entry in our symposium on “Constitutional Implications of the Malaysian Tsunami.” The introduction to the symposium is available here.] —Jaclyn L. Neo, National University of Singapore[*] The Malaysian constitution does not have a preamble. The first article of the constitution simply states that “[t]he Federation shall be known, in Malay and…