"This work is a must for all limbs of the legal profession - law teachers, students, judges and practitioners. It is the piece in the constitutional jigsaw puzzle that has been missing for all this time."

From the Foreword by Gopal Sri Ram

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Prepared by a seasoned practitioner with experience of a wide spectrum of subjects of the law, this book makes available clear, detailed and analytical Article-by-Article commentary on the Federal Constitution. The principles of law developed through cases over the years, both local and foreign, are carefully distilled and summarised for the easy guidance of users.

The provisions of the Constitution are fully up-to-date and helpful cross-references guide users through the intricacies of the working of the supreme law of Malaysia. The commentary is presented in a readable style and contains significant recent court decisions interpreting the working of the Constitution.

KEY FEATURES

• Clear and detailed Article-by-Article commentary on the Federal Constitution
• Important applicable principles discussed, supported by relevant authorities
• Discussion of cases decided upon issues arising under the fundamental liberties provisions and the pre-Merdeka laws
• Critical analysis of some controversial decisions which provides the base for raising fresh arguments in future cases
• Includes useful historical background and cross-references to other legislation which complement the Constitution
• Considers foreign cases, especially those from India, Singapore, the United States and Australia, which help to interpret and provide clearer understanding of some key provisions of the Constitution

• Provides comprehensive and illuminating explanation of the Federal Constitution
• Contains the invaluable knowledge of a constitutional law expert
• Uses a clear structure and helpful headings to enable easy access to relevant information
• Written in clear and simple language

This book has been specially written to provide a good and clear understanding of the Malaysian Federal Constitution to all. Prepared by Malaysia’s acknowledged constitutional law expert, Shad Saleem Faruqi, it is a book full of valuable information on the intricacies of the workings of Malaysia’s supreme law. Drawing from his extensive knowledge of the subject, the author has prepared a text that is comprehensive, yet easy-to-read. For those needing more in-depth sources, relevant case authorities and provisions of the Constitution have been provided.

• First comprehensive treatment of statutory interpretation in Malaysia
• Careful analysis and discussion of important local case law
• Extensive practical knowledge of authors of the subject matter
• Analytical discussion of common law rules in the local context
• Ample citation of case authorities and legislative sources 

One of the notable strengths of this book is its emphasis on the practical application of constitutional law principles. Further, the content is not limited to the exposition of constitutional provisions. It delves into the historical and political context in which the Malaysian Constitution was drafted, providing readers with a holistic understanding of the constitutional framework.

From the Foreword by Tan Sri Datuk Nallini Pathmanathan,
Federal Court Judge

This book is the most comprehensive and updated commentary on the Malaysian Federal Constitution. Authored by prolific legal expert, Srimurugan Alagan, this second edition builds on the foundation of the 2019 edition, offering detailed insights into recent landmark judgments and constitutional amendments, including the changes in the minimum age requirements for voting and parliamentary membership, the new anti-party hopping law, and the amendments reflecting the Malaysia Agreement 1963. The unstinting research efforts invested by the author has made possible the inclusion of relevant historical background to enrich the appreciation of the particular contexts which have shaped the development of Malaysian constitutional law.

Essential for practitioners, judges, students and policymakers, this edition is a must-have for anyone searching for an in-depth understanding of the Malaysian supreme law.

KEY FEATURES:

• Detailed Article-by-Article commentary, revised and updated, up to June 2024.
• Incorporates and analyses all the latest Amendments to the Federal Constitution from 2019 to present.
• NEW additional section discussing judicial review principles within the constitutional law setting.
• Includes useful historical and political background to aid a full understanding of the Malaysian constitutional framework.
• Copious citation of case law, both local and foreign, to support a detailed analysis of constitutional provisions.
• Extensive cross-referencing between related provisions for a holistic grasp of inter-connected Articles of the Federal Constitution.
• Recent landmark cases, including Nik Elin Zurina binti Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan, Dhinesh Tanaphll v Lembaga Pencegahan Jenayah, SIS Forum (M) v Kerajaan Negeri Selangor, Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor and many others are discussed in this edition.
• Critical inputs and recommendations on the need of reform in certain areas and institutions.
• Authored by an experienced practitioner with extensive practical knowledge in Malaysian constitutional law.

Interpretation of Statutes by D.S. Chopra discusses the interpretation of statutes which, to say the least, is an extremely interesting and stimulating topic. The book is a modest attempt to state the law as it is found in the law reports and classics on the subject. English and American law have been extensively used.

It covers:

• Heydons case or mischief rule
• Literal Interpretation
• Purposive Interpretation
• Mimansa Principles of Interpretation
• Harmonious Interpretation
• Holistic Interpretation
• Liberal Interpretation
• Intention of Parliament
• Retrospective Legislation
• General Clauses Act, 1897

• Thorough analysis of the Federal Constitution
• Extensive coverage of constitutional cases with extracts of important parts of the judgments
• Broad discussions on the Malaysian fundamental rights with reproduction of significant case authorities
• Extracts of international sources for easy reference
• Insightful analysis, commentary, as well as thought-provoking questions which can translate into winning arguments in litigation
• Consideration of foreign case law to enrich the understanding and appreciation of constitutional issues
• Incisive commentary of specialist editors with wide expertise in the Constitutional Law of Malaysia and Singapore  

This title takes you through a fascinating journey of the manner in which the Supreme Court has evolved the law relating to variety of disciplines of Constitutional, Civil, Criminal, Taxation, Labour and Administrative from 1950 onwards to analyse whether the Supreme Court of India has kept its promise made by Chief Justice Kania at the inaugural sitting. The two volumes deal with evolution of law by Supreme Court Benches of five or more judges, by concisely placing the ratio of those judgments in a systematic manner.

• Thorough analysis of the Federal Constitution
• Extensive coverage of constitutional cases with extracts of important parts of the judgments
• Broad discussions on the Malaysian constitutional principles and institutions with reproduction of significant case authorities
• Extracts of international sources for easy reference
• Insightful analysis, commentary, as well as thought-provoking questions which can translate into winning arguments in litigation
• Consideration of foreign case law to enrich the understanding and appreciation of constitutional issues
• Incisive commentary of specialist editors with wide expertise in the Constitutional Law of Malaysia and Singapore 

This book covers constitutional history and discusses the Federal system of Government under the Constitution, involving, inter alia, the distribution of Legislative and Executive powers, the rights and responsibilities of the Federal and the State Governments, the sharing of revenues, financial burdens and functions between the Federal Government and the States, the special protection for Sabah & Sarawak, and amendments to the Federal Constitution, particularly those amendments which could affect the rights and interests of the States.

• Updated to reflect new judicial pronouncements and legislative developments.
• Discusses calls for the greater sharing of the nation's wealth and revenue.
• Considers the viability of the decentralization of powers to State Governments.
• Analyses the constitutional issues of when and how confidence in the Government is to be determined, and when its leader may be dismissed.
• Discusses judicial decisions on religious issues such as conversions, divorce and custody of children, and on the preclusion of non-Muslim lawyers from appearing in the Syariah Courts.
• Explains the court's more liberal stance on the locus standi of individuals to challenge the Government's breach of constitutional duties.
• Examines recent judicial decisions acknowledging private citizens' rights to seek legal remedies to enforce Malaysia Agreement and constitutional safeguards for Borneo States

KEY FEATURES

• Gives clear explanation of the distribution of sovereign  powers between the Federation and the States.
• Contains extensive discussion of the powers of Parliament to amend the supreme law and of the guiding principles of the Constitution.
• Provides analytical and insightful commentary, with regular reference to cases, legislation and background source.
• Written by author with in-depth knowledge experience in managing Federal-State relations.

Buku ini ditulis dengan khas untuk memberikan pemahaman yang baik dan jelas kepada semua tentang Perlembagaan Persekutuan Malaysia. Disediakan oleh pakar ternama undang-undang perlembagaan Malaysia, Shad Saleem Faruqi, ini adalah buku yang penuh dengan pengetahuan yang amat berguna berkenaan selok-belok pemakaian undang-undang utama Malaysia. Dengan menggunakan pengetahuannya yang mendalam tentang subjek ini, penulis telah menyediakan sebuah buku yang menyeluruh dan lengkap, namun senang dibaca. Untuk mereka yang memerlukan sumber-sumber terperinci, duluan kes dan peruntukan Perlembagaan yang berkaitan telah diberikan.

Dibahagikan ke dalam 9 Bahagian yang mengandungi sejumlah 36 bab, buku ini menerangkan topik-topik penting seperti ciri-ciri utama Perlembagaan Persekutuan, pengasingan kuasa, kebebasan asasi, kewarganegaraan, Majlis Raja-Raja, Yang di-Pertuan Agong, tanggungjawab menteri, penggubalan undang-undang, badan kehakiman, proses pilihan raya, dan kuasa untuk menangani perbuatan subversif. Ia juga meneliti kompromi etnik pra-Merdeka dan membincangkan masa depan Perlembagaan.

Buku ini membekalkan pemahaman yang jelas dan menarik berkenaan Perlembagaan Persekutuan. Ia sememangnya patut dibaca oleh semua rakyat Malaysia, tua dan muda, untuk memperolehi pengertian yang amat diperlukan tentang undang-undang utama yang membentuk negara ini dan terus menyediakan kerangka untuk menjamin kemakmuran masa depannya. 

CIRI-CIRI UTAMA

• Menyediakan penerangan yang lengkap dan jelas tentang Perlembagaan Persekutuan
• Mengandungi pengetahuan yang bernilai daripada seorang pakar ternama undang-undang perlembagaan
• Menggunakan struktur yang jelas dan tajuk-tajuk yang bermakna untuk memudahkan pencapaian maklumat yang diperlukan
• Memakai gaya bahasa yang jelas dan mudah difahami 

One of the notable strengths of this book is its emphasis on the practical application of constitutional law principles. Further, the content is not limited to the exposition of constitutional provisions. It delves into the historical and political context in which the Malaysian Constitution was drafted, providing readers with a holistic understanding of the constitutional framework.

From the Foreword by Tan Sri Datuk Nallini Pathmanathan,
Federal Court Judge

This book is the most comprehensive and updated commentary on the Malaysian Federal Constitution. Authored by prolific legal expert, Srimurugan Alagan, this second edition builds on the foundation of the 2019 edition, offering detailed insights into recent landmark judgments and constitutional amendments, including the changes in the minimum age requirements for voting and parliamentary membership, the new anti-party hopping law, and the amendments reflecting the Malaysia Agreement 1963. The unstinting research efforts invested by the author has made possible the inclusion of relevant historical background to enrich the appreciation of the particular contexts which have shaped the development of Malaysian constitutional law.

Essential for practitioners, judges, students and policymakers, this edition is a must-have for anyone searching for an in-depth understanding of the Malaysian supreme law.

KEY FEATURES:

• Detailed Article-by-Article commentary, revised and updated, up to June 2024.
• Incorporates and analyses all the latest Amendments to the Federal Constitution from 2019 to present.
• NEW additional section discussing judicial review principles within the constitutional law setting.
• Includes useful historical and political background to aid a full understanding of the Malaysian constitutional framework.
• Copious citation of case law, both local and foreign, to support a detailed analysis of constitutional provisions.
• Extensive cross-referencing between related provisions for a holistic grasp of inter-connected Articles of the Federal Constitution.
• Recent landmark cases, including Nik Elin Zurina binti Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan, Dhinesh Tanaphll v Lembaga Pencegahan Jenayah, SIS Forum (M) v Kerajaan Negeri Selangor, Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor and many others are discussed in this edition.
• Critical inputs and recommendations on the need of reform in certain areas and institutions.
• Authored by an experienced practitioner with extensive practical knowledge in Malaysian constitutional law.

"This work is a must for all limbs of the legal profession - law teachers, students, judges and practitioners. It is the piece in the constitutional jigsaw puzzle that has been missing for all this time."

From the Foreword by Gopal Sri Ram

--------------------------------------------------------------------------------------

Prepared by a seasoned practitioner with experience of a wide spectrum of subjects of the law, this book makes available clear, detailed and analytical Article-by-Article commentary on the Federal Constitution. The principles of law developed through cases over the years, both local and foreign, are carefully distilled and summarised for the easy guidance of users.

The provisions of the Constitution are fully up-to-date and helpful cross-references guide users through the intricacies of the working of the supreme law of Malaysia. The commentary is presented in a readable style and contains significant recent court decisions interpreting the working of the Constitution.

KEY FEATURES

• Clear and detailed Article-by-Article commentary on the Federal Constitution
• Important applicable principles discussed, supported by relevant authorities
• Discussion of cases decided upon issues arising under the fundamental liberties provisions and the pre-Merdeka laws
• Critical analysis of some controversial decisions which provides the base for raising fresh arguments in future cases
• Includes useful historical background and cross-references to other legislation which complement the Constitution
• Considers foreign cases, especially those from India, Singapore, the United States and Australia, which help to interpret and provide clearer understanding of some key provisions of the Constitution

• Thorough analysis of the Federal Constitution
• Extensive coverage of constitutional cases with extracts of important parts of the judgments
• Broad discussions on the Malaysian constitutional principles and institutions with reproduction of significant case authorities
• Extracts of international sources for easy reference
• Insightful analysis, commentary, as well as thought-provoking questions which can translate into winning arguments in litigation
• Consideration of foreign case law to enrich the understanding and appreciation of constitutional issues
• Incisive commentary of specialist editors with wide expertise in the Constitutional Law of Malaysia and Singapore 

"[The oversight of executive functions is an] important role of the Parliament, in particular the Dewan Rakyat, ... not much appreciated. It is hoped that the publication of this book will remedy that." 

From the Foreword by Tan Sri Zaharah Ibrahim, former Chief Judge of Malaya

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In the six decades as an independent nation, Malaysia has developed its own Parliamentary procedures, processes, conventions and practices. This book aims to be a comprehensive reference for parliamentaries, parliamentary officers, civil servants, serious scholars and researchers, and the general reader with a keen interest in parliamentary affairs. The contributors and editors have consciously chosen to analyse not only the laws of Parliament, but also the practices and the underlying principles underpining these laws and practices. The clear explanations and examples provided in this book are undoubtedly useful for the reader to understand each rule and practice better.

In keeping with the intent and scope of this book, its writing has included the necessary inputs and insights of a large pool of specialist contributors beyond the immediate walls of Parliament. Besides the Speaker, the Clerk of the Dewan Rakyat, senior officers in the Clerk's Office, research officers and officers in the Speaker's Office, the contributors also include legal practitioners, members of academia, a politician and the Chairman of Elections Commission of Malaysia. 

It is a collective insight, each chapter providing a specialised perspective which hopefully will make the book more relevant and useful to a broad range of readers.