By Dr. Andrew J Harding, Dr. James Chin
On sixteen September 1963 Malaysia got here into being with the accession of Sabah, Sarawak and Singapore to the prevailing Federation of Malaya. This publication marks the fiftieth anniversary of this impressive occasion in South East Asia's historical past. the focal point of the booklet can be frequently at the event of Sabah and Sarawak as topics of the federation. It appears to be like on the event of federalism from a couple of diversified views, retaining in brain not only the results of federalism on Sabah and Sarawak but in addition the results at the federation as a complete. Has the cut price of 1963 been adhered to? Has Malaysian federalism been a profitable instance of this kind of presidency in Asia, or has the cut price been undermined in methods opposite to the unique deal within the Malaysia contract of 1963? What were the sensible results on East Malaysia in the course of 50 years?
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On sixteen September 1963 Malaysia got here into being with the accession of Sabah, Sarawak and Singapore to the prevailing Federation of Malaya. This e-book marks the fiftieth anniversary of this remarkable occasion in South East Asia's heritage. the focal point of the publication may be typically at the adventure of Sabah and Sarawak as topics of the federation.
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Additional info for 50 Years of Malaysia. Federalism Revisited
Like the Local Government Act 1976 it is a federal law dealing with a state matter; it was passed at the request of all the states rather than under the special powers mentioned above for land and local government. The two statutes mentioned here were passed following agreement between the Federation and the States in their respective national councils. But again, they do not apply to Sabah or Sarawak, which, as on many other issues, have their own laws. Although executive powers follow legislative powers, Article 80 provides similar flexibility to Article 76 by allowing federal law to confer executive authority on a state.
THE POLITICS OF FEDERALISM While the preceding two sections dealt with the legal and financial aspects of the Federation, this section will deal with the politics. The first thing to recognise is that for the past fifty years — in fact since independence — the Federation has been ruled by a single coalition, the Alliance and from 1973 onwards, the Barisan Nasional (BN). The core of the coalition consists of three political parties, each representing the three major ethnic groups in Malaysia. They are: United Malays National Organisation (UMNO), Malaysian Chinese Association (MCA) and Malaysian Indian Congress (MIC).
So this ‘pith and substance’ test is not necessarily easy to apply, and much depends on the court’s willingness to protect states’ rights, as the majority did in this case. These principles may soon fall to be tested in relation to current discussions about the adoption of hudud law in Kelantan. Although hudud law was passed in Kelantan twenty years ago, this law has never been implemented because of doubts as to its constitutional status as state law dealing with Islamic criminal offences. Islam is a state matter, but criminal justice is a federal matter.
50 Years of Malaysia. Federalism Revisited by Dr. Andrew J Harding, Dr. James Chin