Influence of the American Constitution on Malaysian Constitutional Cases
Author : Cyrus V. Das (Dato'.)
Publisher :
Page : pages
File Size : 16,39 MB
Release : 1991
Category : Malaysia
ISBN :
Author : Cyrus V. Das (Dato'.)
Publisher :
Page : pages
File Size : 16,39 MB
Release : 1991
Category : Malaysia
ISBN :
Author : Mohamed Suffian Hashim (Tun)
Publisher :
Page : pages
File Size : 20,6 MB
Release : 1976
Category : Constitutional law
ISBN :
Author : Lawrence Ward Beer
Publisher : Maryland Series in Contemporary Asian Studies
Page : 252 pages
File Size : 42,70 MB
Release : 1988
Category : Asia
ISBN :
Author : Andrew Harding
Publisher : BRILL
Page : 331 pages
File Size : 20,27 MB
Release : 2024-01-22
Category : Law
ISBN : 900463309X
This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.
Author : Richard Sobel
Publisher : Cambridge University Press
Page : 245 pages
File Size : 29,67 MB
Release : 2016-10-26
Category : Law
ISBN : 1316849090
Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.
Author : Tania Groppi
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 10,99 MB
Release : 2013-03-28
Category : Law
ISBN : 1782251014
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Author : George Athan Billias
Publisher : NYU Press
Page : 560 pages
File Size : 49,26 MB
Release : 2011-12
Category : History
ISBN : 0814725171
Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 12,24 MB
Release : 1999
Category : Law
ISBN : 0198265573
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author : Kevin YL Tan
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 46,7 MB
Release : 2019-05-30
Category : Law
ISBN : 1509918930
This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.
Author : F. E. Cameron
Publisher :
Page : 196 pages
File Size : 16,10 MB
Release : 1988
Category : Constitutional history
ISBN :