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Special powers against subversion

Arowosaiye, Yusuf Ibrahim and Masum, Ahmad and Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali (2022) Special powers against subversion. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia, pp. 643-677. ISBN 978-967-270-163-7

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Malaysia has a chequered constitutional history and development dating back to the period of the colonial administration which shaped today’s Malaysian Federal Constitution. The role of Reid Commission in the drafting of the Malaysian Independence Constitution and several recommendations made, left an indelible mark on Malaysian Constitutional law and its jurisprudence. Therefore, the making of the Malaysian Independence Constitution was the product of a long struggle, political thoughts and experiences, all culminating in the final independence from Great Britain. The Malaysian journey to independence was contests of negotiations, internal and external struggles against the uprising communist movement and rebellion which were targeted to hinder the development of her constitutional. In a nutshell, history plays a significant role in the making of a nation’s constitution, and Malaysia is not an exception. The prevailing challenges penultimate to the attainment of Malaysian political independence influenced the making of the Malaysian Constitution. An epoch of Malaysian constitutional making witnessed the Reid Commission’s recommending the inclusion of emergency powers and special powers against subversion in the constitution of the newly independent Malaysia. The recommendation by the Reid Commission was strongly influenced by disturbing criminal activities of the Communist movement and particularly the activities of some subversive elements within and outside of the Federation of Malaya. Ultimately however, what informed the Reid Commission to suggest the inclusion and retention of emergency powers and special powers against subversion, was the experiences of the colonial powers with the activities of the communists and several legal measures to control it. The primary objective for the provision of emergency powers in the Malaysian Federal Constitution is to be employed as a response to critical situations that pose threats to the national interests and the security of the people. Generally, personal liberty of the citizens is almost mortgaged whenever a state of emergency is declared. By virtue of Article 150, the constitution confers on the government, broad powers to proclaim an emergency if the government is satisfied that a grave emergency exists whereby the security or the economic life or public order in the Federation or any part thereof is threatened. No doubt, the state of emergency powers under the Malaysian constitution is wide enough to address all manner of situations that may threaten the nation.

Item Type: Book Chapter
Uncontrolled Keywords: Federal Constitution, Special Powers, Subversion.
Subjects: K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr. Muhamad Hassan Ahmad
Date Deposited: 13 Mar 2023 15:42
Last Modified: 13 Mar 2023 15:42
URI: http://irep.iium.edu.my/id/eprint/103976

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