The Constitutional Rights of Sabah and Sarawak


The Constitutional Rights of Sabah and Sarawak

Author B R Sharma
Publication Date Nov 2013
ISBN 9789670498652
Format Hardcover
Publisher Sukumaran Vanugopal


In honour of Malaysia's 50th anniversary, this book provides a current and valuable examination of Sabah and Sarawak's constitutional rights. It follows the early European interest in Southeast Asia, the influence of the Sulu and Brunei Sultanates over Borneo, and the various treaties between the Sulu and Brunei Sultanates and individual English traders or bounty seekers conferring interest or title to vast territorial areas in Borneo, as well as the influence of the North Borneo Trading Company up until the time North Borneo and Sarawak became Crown Colonies and the genesis of Malaysia.

The Cobbold Commission's recommendations on the formation of Malaysia; the Sabah Alliance Parties' Twenty-Point Memorandum to the Inter-Governmental Committee (lGC); the corresponding recommendations of the lGC on the constitutional framework for the new nation; and the Malaysia Act 1963, to which the Federal Constitution of Malaysia was annexed as a series of amendments Following Singapore's leave, further constitutional revisions are discussed, as well as the impact of those amendments on the constitutional protections and safeguards provided to Sabah and Sarawak. In addition, significant provisions in state constitutions, Financial Provisions, the Federal-State Relationship, and the Public Service are all reviewed and analysed. 
The validity of the Philippine claim to Sabah in international law; the theoretical basis for the application of the doctrine of basic structure to Sabah and Sarawak; the constitutional status of the Cobbold Commission recommendations, the IGC recommendations, and the Twenty-Point Memorandum; and the constitutionality of the Petroleum Development Act 1974 are among the topics covered.

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