The Constitution of Malaysia: Its Development, 1957-1977.

The Malaysian constitution can hardly be called a neglected topic. It has been the subject of a number of books, articles, and essays, and an annotated edition will appear shortly. There is much in it, nevertheless, to analyze and discuss, and this collection of fifteen essays by a most impressive array of contributors, mainly lawyers (and mainly, though by no means all, Malaysians), is most welcome. Although it is a book primarily by and also for lawyers, it will doubtless interest politicians, civil servants, and political theorists, and prove invaluable to law students in the region. While the period of twenty years has no special significance, and though it is not expressly intended as such, this collection appears to be a twentieth birthday present, an anniversary commemoration of two decades of constitutional independence. An air of congratulation pervades the volume, whose only real defect is that its contributors have, with one or two exceptions, opted for analysis and eschewed evaluation. This is not to say, however, that there is nothing to celebrate; the point is well made by Professor Hickling in his opening essay, "An Overview of Constitutional Changes in Malaysia: 1957-1977": "In spite of the shocks and disasters of the past two decades parliamentary democracy still counts for something in Malaysia. Debate and consensus continue to be accepted as the means whereby reasonable men may attain to a harmonious resolution of their differences of opinion. To have held on to that concept is, in all the circumstances, remarkable" (p. 1). In this essay, distilled from a wealth of experience with and mature reflection on the constitution of Malaysia, Professor Hickling touches on most of the areas discussed by the other contributors, offering some personal views of great interest. Article 153 (the reservation of quotas for Malays) which, with its rigorous direct and indirect entrenchment, is not dealt with by any of the other contributors, is, he says, "so entrenched in the constitution that it has become impossible of discussion. Whether this gag upon discussion will work to a tolerance and acceptance of Article 153 remains to be seen. Fires long suppressed can . erupt with sudden and devastating fury" (p. 12). On the other hand, "it seeks, to the best of its intent, to balance the interests of all the races in Malaysia in as equitable a manner as conditions may admit" (p. 18), and, "it offers a means of progress and justice; as its existence cannot be questioned, let its implementation at least fall for such judicial review as may be necessary. In such a way may the common bond of citizenship develop" (p. 23). It is worth noting that Article 153 is not such a fearsome beast as it appears at first. For example, it is subject to Article 136, which reads: "All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially. " Yet Professor Hickling does not doubt that there should be a term to Article 153, and offers a qualified hope for the future: "Wisdom and skill will be required of everyone in authority if bloodshed, chaos, anarchy and partition are not to come about. The nation walks on a razor's edge" (p. 25).