Fernando, Joseph M.
(2017)
Fundamental Liberties In The Malayan
Constitution And The Search For
A Balance, 1956–1957.
International Journal of Asia Pacific Studies (IJAPS), 13 (1).
pp. 1-28.
ISSN ISSN: 1823-6243
Abstract
This article examines the framing of the section on fundamental liberties in the
1957 Malayan constitution and analyses the underlying intentions and concerns
of the framers and the various influences on the drafting process through an
investigation of the primary constitutional documents. The section on fundamental
liberties sought to provide for the growth of a democratic way of life in
independent Malaya (now Malaysia). The Reid Commission, which framed the
initial draft of the constitution, provided strong constitutional safeguards for
basic fundamental liberties and rights such as personal liberty; equality of
citizenship; freedom of movement, speech, assembly and association; freedom of
religion and rights in respect of education and private property. Such provisions
in most post-war Commonwealth constitutions drew little controversy. The
complex multiracial and multireligious Malayan environment, however, required
the framers to balance the competing demands of the various communities, on one
hand, and the powers of the state over the citizens, on the other.
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