Constitutional Federalism in Malaysia, 2nd Edition

Constitutional Federalism in Malaysia, 2nd Edition

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Constitutional Federalism in Malaysia, 2nd Edition

Author JC FONG
Publication Date Jun 2016


Hardcover + Ebook


Publisher: Sweet & Maxwell

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


  • 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.


1. Malaysia: Historical Background
2. The Malaysian Constitution –  A Historical Perspective
3. The Concept of Federation
4. Division of Legislative and Other Powers between the Federation and the States
5. Financial Arrangements between Federal Government and the States
6. Special Constitutional Safeguards for Sabah and Sarawak
7. Interpretation of the Constitution
8. Amendment of the Constitution
9. Consultation and Mechanisms for Conflict Resolution
10. Conclusion

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