Constitutional Principles and Institutions: Text, Cases & Materials by Kevin YL Tan and Jaclyn L Neo | 2023
||Kevin YL Tan and Jaclyn L Neo
|| Jan, 2023
||Sweet & Maxwell
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About the Book
Constitutional Principles and Institutions: Text, Cases & Materials is a comprehensive casebook with broad exposition and detailed analysis on constitutional principles and the institutions established under the Federal Constitution.
The book provides a helpful overview of each topic before presenting essential readings in the form of extracts of leading cases, scholarly articles and book chapters carefully selected by the editors. Incisive notes and questions made available after the essential readings stimulate critical thought and discussion which lead to a close appreciation of the topic. Additional references cited set out signposts for further research. Collectively, the readings and the analytical notes provide valuable insights to a thorough understanding of Malaysian constitutional theory and its contemporary application.
The discussions analyse the character and supremacy of the Constitution, along with the establishment of the Legislature, the Executive, the Attorney General, the Judiciary and the Public Service. The significance of State-Federal relations is considered and the issues arising in its ongoing operation are perceptively scrutinised. The special and emergency powers of the Legislature and the Executive are carefully explored, while the theories and principles of constitutional interpretation are keenly studied. Case authorities are thoroughly explained and analytically reviewed to distil applicable principles. Comparative study against foreign statutes and cases provide fresh perspectives to the Malaysian position.
With an extensive collection of source materials curated from around the world within its covers, this book facilitates the research of constitutional law without the need to hunt through a library for often elusive sources of reference. It allows first-hand reading of actual sources which translates into a solid understanding of the subject matter.
- 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
Table Of Content :
- An Introduction to Malaysia’s Constitutional Development and Constitutional Character
- Supremacy of the Constitution and Constitutional Amendments
- State-Federal Relations
- The Legislature
- The Executive
- The Attorney General
- The Judiciary
- The Public Service
- Special Powers Against Subversion and Emergency Powers
- Constitutional Interpretation
About the Authors
Kevin YL Tan is Adjunct Professor at the Faculty of Law, National University of Singapore and Senior Fellow at the S Rajaratnam School of International Studies, Nanyang Technological University. He joined his alma mater, the NUS Faculty of Law straight out of school and has, for the past 36 years, taught constitutional and administrative law, the Singapore Legal System, Law & Society, and Singapore Legal History. In 1996, he became the first Singaporean to obtain a JSD from the Yale Law School. He has published widely in his fields of research and beyond and is the editor and author of some 60 books and 100 articles on the law, history, and politics of Singapore. He has also been active on the editorial board of several journals and served previously as Editor-in-Chief of the Singapore Journal of International & Comparative Law, and the Asian Yearbook of International Law. He is currently Editor-in-Chief of the Asian Journal of Comparative Law and editorial board member of the Korean Journal of International and Comparative Law.
Jaclyn L Neo is an Associate Professor and the Director of the Centre for Asian Legal Studies at the National University of Singapore (NUS) Faculty of Law. A graduate of the NUS Faculty of Law (LLB) and Yale Law School (LLM and JSD), Dr Neo works on comparative constitutional law in Asia and law and religion. She is a recipient of multiple academic scholarships, competitive research grants, and research awards. Dr Neo has published in leading journals and is the editor/co-editor of more than ten books and special journal issues. Her article on domestic incorporation of international human rights law in a dualist state won the Asian Yearbook of International Law’s DILA International Law Prize. She was awarded the SHAPE-SEA Research Award in 2017 in recognition of her work on religious freedom in Southeast Asia.
Dr Neo has held visiting positions at Princeton School of Public and International Affairs, Frankfurt University, University of M�nster, University of Trento, Melbourne Law School, and the Max Planck Institute for the Study of Religious and Ethnic Diversity. She also holds a position as a Senior Research Fellow in Constitutional Studies with The University of Texas-Austin School of Law, and is a Professorial Fellow with the Singapore Attorney-General’s Chambers (AGC) Academy.