party. These political events, including the Perak constitutional crisis, help to
explain the current state of constitutionalism in Malaysia. In section iii,
I consider recent reforms affecting the judiciary and its current standing in
the country. In sectioniv, I will appraise the contemporary role and powers of
the hereditary Malay rulers and the constitutionally entrenched body, the
Conference of Rulers. Sectionvconsiders the state of human rights in Malaysia,
particularly the use (or abuse) of the laws of preventive detention and the sedition
laws. In sectionvi, I will examine the phenomenon of rising Islamic fundamental-
ism and its impact on Malaysian constitutional law. Finally, I will speculate on the
future shaping of constitutional rule in Malaysia.
i. malaysian parliamentary government
Malaysia adopted a Westminster form of parliamentary government. The Federal
Parliament is a bicameral parliament, with a House of Representatives (Dewan
Rakyat) and a Senate (Dewan Negara). Members of the Cabinet must be members
of either house of parliament. The head of state, called the Yang di-Pertuan Agong,
operates on a rotational basis and is elected every five years from a list of the nine
hereditary Malay rulers placed in order of seniority.
From 1957 to the present day, the Constitution, albeit in highly amended form,
continues to provide the underpinning for the Malaysian polity, despite the con-
vulsion in 1969 when racial riots broke out mainly in Kuala Lumpur and a national
state of emergency was proclaimed. Since independence in 1957 , the federal
government continues to be dominated by the Alliance Party, which subsequently
metamorphosed into the BN. This dominance was for the first time seriously
challenged in the 2008 general elections, carrying interesting and significant
ramifications for the state of constitutionalism in the federation.
ii. the new dynamics of malaysian politics
The March 2008 general election
Under the leadership of Anwar, the PR faced off with the BN in the March 2008
general election, and, for the first time in Malaysian history, denied the ruling
coalition a two-thirds majority in the House of Representatives. According to
Article 159 of the Malaysian constitution, the requisite majority necessary for
effecting amendments to the Constitution is two-thirds. Out of 222 seats, the BN
won 140 , while the PR won a total of eighty-two. The PR also managed to win
control over five of the thirteen Malaysian states (Penang, Kelantan, Terengganu,
Perak and the ‘jewel in the crown’, Selangor), but subsequently lost control of
Perak through defections. These landmark election results were unprecedented
and contributed to the subsequent demise of Prime Minister Badawi.