What is it about?
The article examines the origins and framing of the section on Fundamental Liberties (Articles 5 to 13) in the Malaysian federal constitution between 1956 and 1957 through an examination of the original constitutional documents.
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Why is it important?
The articles traces the original constitutional discussions related to the framing of the section on Fundamental Liberties in the Malaysian constitution through a close scrutiny of the primary constitutional documents. This is the first in-depth historical account of the constitutional debates in 1956-1957 related to the section on fundamental liberties in the Malaysian constitution.
Perspectives
The article shows that the framers of the 1957 Malayan constitution sought to achieve a fair balance between the powers of the state and the basic fundamental rights of the citizens and to entrench strong safeguards in the constitutions for these fundamental liberties. The section on fundamental liberties drew considerably from the constitutions of Commonwealth states such as India and Pakistan to frame the provisions in this section.
Dr Joseph M. Fernando
University of Malaya
Read the Original
This page is a summary of: Fundamental Liberties in the Malayan Constitution and the Search for a Balance, 1956–1957, International Journal of Asia Pacific Studies, January 2017, Penerbit Universiti Sains Malaysia,
DOI: 10.21315/ijaps2017.13.1.1.
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