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By HP Lee

This e-book explores how the separation of powers doctrine in Malaysia has been adversely tormented by a few significant constitutional conflicts one of the quite a few very important organs of presidency. It concludes with the author's techniques at the trajectory of constitutional improvement in Malaysia.


This ebook explores how the separation of powers doctrine in Malaysia has been adversely plagued by a few significant constitutional conflicts one of the a number of very important organs of presidency. It Read more...

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For instance, all persons other than Malays could only become Federal citizens if they were born as British subjects and if their fathers were either State citizens or Federal citizens. For the former Straits Settlements of Penang and Malacca, it was sufficient if they were born as British subjects. The Federation of Malaya Agreement 8 ibid 45. 9 Malayan Union, Constitutional Proposals for Malaya: Report of the Working Committee Appointed by a Conference of His Excellency the Governor of the Malayan Union, their Highnesses the Rulers of the Malay States and the Representatives of the United Malays National Organisation (Kuala Lumpur 1946).

Also see B Simandjuntak, Malayan Federalism 1945–​63: A Study of Federal Problems in a Plural Society (OUP 1969) 40. 7 ibid (n 6) 41. 7 Constitutional History and Political Developments 7 to the Malayan Union was the feeling of insecurity that had arisen from the proposed creation of a common citizenship. Any person could qualify as a citizen of the Malayan Union by the very fact of being born in Malaya or in Singapore and, in other cases, by fulfilling a requirement of a 10-​year period of residence in Malaya or in Singapore, out of the 15 years preceding 15 February 1942.

Initially, there was some disagreement over the number of the observers each country was allowed to send, and the matter was finally referred to the United Nations Secretary-​General, U Thant. 49 There was some opposition from Singapore, Sabah, and Sarawak to the change of the planned date of 31 August 1963. September 16 was declared Malaysia Day by the Yang di-​Pertuan Agong, in a signed proclamation on 30 August 1963. The fixing of the new date before the United Nations Mission had completed its task was deplored by U Thant and was seized upon by the Philippines and Indonesia as a ground for furthering their resentment against Malaya.

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