National security and constitutional rights in the Asia Pacific Region: the Malaysian experience

Abstract

The Malaysian Constitution is in a sense unique because it was born during a state of Emergency on 31st August 1957, a consequence of the communist insurgency that lasted from 1948 to 1960. The British ruled Malaya from 1948 - 1957 under an emergency proclamation issued on 13 July 1948. This proclamation continued through independence and was ended only on 29 July 1960. Consequently the usual constitutional guarantees in respect of fundamental liberties that one would normally expect in a constitution of an independent nation came to be subject to the overhanging dark cloud of special emergency powers and powers against subversion. Since independence, these special powers have in fact become tighter and wider in scope arising from a series of constitutional amendments. These have had the effect of curtailing fundamental liberties and human rights according to international standards. Show more