Federalism in Malaysia: A Constitutional Study of the Federal Institutions Established by the Federal Constitution of Malaysia and Their Relationships with the Traditional Institutions in the Constitution (With Special Reference to the Islamic Religious Power and Bureaucracy in the States)

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dc.contributor.advisor Sherlock, Ann
dc.contributor.advisor Ireland, Richard
dc.contributor.author Mokhtar, Khairil Azmin
dc.date.accessioned 2009-10-19T14:27:30Z
dc.date.available 2009-10-19T14:27:30Z
dc.date.issued 2002
dc.identifier.citation Federalism in Malaysia: A Constitutional Study of the Federal Institutions Established by the Federal Constitution of Malaysia and Their Relationships with the Traditional Institutions in the Constitution (With Special Reference to the Islamic Religious Power and Bureaucracy in the States) en
dc.identifier.uri http://hdl.handle.net/2160/3253
dc.description.abstract This study examines institutions essential in a federal system which have been established by the Federal Constitution of Malaysia with a view to determine to what extent the institutions fulfil the underlying values of the Constitution and federalism. It also seeks to establish their constitutional relations with the traditional institutions of the Malay Rulers, who are closely associated with Islamic religious authority in the States. Special reference is made on the constitutional division of Islamic religious power between the federal government and the state government. This thesis seeks to establish that the traditional institutions, namely the Malay Rulers of the States, the Yang di-Pertuan Agong (the Supreme Head of the Federation), and the Conference of Rulers, have quite a significant role in Malaysian federalism. The Federal Constitution vests overwhelming power in the Federal authorities and there is a lack of constitutional safeguards for the States. This study argues that the constitutional functions and position of the traditional Malay Rulers would be more pronounced in fulfilling their role as the protector of the state rights if a wide concept of prerogative, which is submitted in the thesis, is adopted. The concept of prerogative argued in this thesis would fill in the gap by providing arguments to support a legal framework that would lead to a more definitive concept of prerogative in the country. The centralising phenomenon of Malaysian federalism runs parallel with the erosion of power of some of the foundations of the Malaysian federal system that is the state and the Malay Rulers. This hypothesis is supported by a detailed examination of the proposed integration and standardization of the state religious administration, and the proposals for the harmonization of religious laws of the states. en
dc.description.sponsorship International Islamic University Malaysia en
dc.language.iso en en
dc.publisher Aberystwyth University en
dc.title Federalism in Malaysia: A Constitutional Study of the Federal Institutions Established by the Federal Constitution of Malaysia and Their Relationships with the Traditional Institutions in the Constitution (With Special Reference to the Islamic Religious Power and Bureaucracy in the States) en
dc.type Text en
dc.type.publicationtype doctoral thesis en


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