In celebrating the 50th anniversary of the formation of Malaysia, this book provides a timely and useful study of the constitutional rights of Sabah and Sarawak. It traces the early European interest in South East Asia, the influence of the Sulu and Brunei Sultanates over the Borneo lsland and the various treaties between the Sulu or Brunei Sultanates and individual English traders or bounty seekers conferring interest or title to the vast territorial areas in Borneo, as well as the influence of the North Borneo Trading Company up to the time North Borneo and Sarawak became Crown Colonies and the genesis of Malaysia.
This book focuses on the various constitutional documents of Sabah and Sarawak, such as the recommendations of the Cobbold Commission on the formation of Malaysia; the Twenty-Point Memorandum of the Sabah Alliance Parties to the Inter-Governmental Committee (lGC); the corresponding recommendations of the lGC on the constitutional framework for the new nation; as well as the Malaysia Act 1963 to which the Federal Constitution of Malaysia was annexed as a series of amendments to the Federation of Malaya Constitution. The subsequent constitutional amendments upon the exit of Singapore are specifically highlighted and the effect of those amendments on the constitutional protection and safeguards guaranteed to Sabah and Sarawak are dealt with. Further, the key provisions in the State Constitutions, including the Financial Provisions, the Federal-State relationship and the Public Service are analysed and discussed.
Topics of great general interest are covered, including the validity of the Philippine claim over Sabah from the perspective of international law; the theoretical basis for the applicability 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.