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Emeritus Prof. Datuk Dr Hj Shad Saleem Faruqi

Fourth Holder of the Tun Hussein Onn Chair in International Studies

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Learning to live together in harmony

THE shadows are lengthening on 2020 and a tumultuous decade is about... Read More

Constitutional issues to the fore

AS in life so in law, a host of factors have to... Read More

Can Batu Sapi polls be postponed?

THE by-election for the Batu Sapi parliamentary seat in Sabah, caused by... Read More

Observe the spirit of the Constitution

THOUGH the pandemic rages and the economy plummets, the wheeling and dealing... Read More

The appointment of Sabah’s CM

THE last fortnight has thrust a number of constitutional issues to the... Read More

Promote multilingualism in education

As the laws permit considerable discretion and flexibility, it is ultimately a... Read More

Honouring the Malaysia Agreement

In many areas, Sabah and Sarawak’s autonomy has suffered serious retreat. AS... Read More

Building bridges, dismantling walls

THERE are no quick-fix solutions. The causes of disunity are many and... Read More

Support the nuke weapons ban treaty

Nuclear arms are not weapons of war but weapons that would wreak... Read More

Reigniting issue of royal immunities

LAST month, the outgoing president of the Dewan Negara, Tan Sri S.A.... Read More

Federal-State Division of Powers: Thoughts for the Future

PUBLIC LECTURE OF THE TUN HUSSEIN ONN CHAIR IN INTERNATIONAL STUDIES AT... Read More

Put Rukunegara at the core of govt

AUGUST 31 this year will be doubly sacred. Besides being the 63rd... Read More

Parliament as the Grand Inquest of the Nation: Proposals for Enhancing Parliament's Institutional Efficacy

PUBLIC LECTURE OF THE TUN HUSSEIN ONN CHAIR IN INTERNATIONAL STUDIES AT... Read More

Can MPs hold positions in GLCs?

For Parliament to function well, legislators need to be independent of external... Read More

Posers on constitutional position

ALL crises produce heroes or bystanders. Malaysia’s frontline workers of the Covid-19... Read More

State defiance lacks legal basis

Doubts over the conditional MCO are understandable but when states go their... Read More

Religion, reason can go hand in hand

RELIGION is one of the most potent forces of human civilisation. It... Read More

Present constitutional dilemmas

EXCEPTIONAL crises call for exceptional responses. However, in a democratic society, the... Read More

Appointment of A Prime Minister - No. 3 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

[pdf-embedder url="https://www.isis.org.my/wp-content/uploads/2020/03/Appointment-of-Prime-Minister.pdf" title="Malaysia's Constitutional Fundamentals - No. 3”] Read More

Pandemic rules and the law

The Covid-19 crisis engulfing the nation (and the rest of the world)... Read More

Constitutional Supremacy: Theory Versus Reality – No. 2 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

CONSTITUTIONAL SUPREMACY: THEORY VERSUS REALITY Emeritus Prof. Datuk Dr Shad Saleem Faruqi... Read More

Healing a fractured body politic

A lot of political juggling is required when a coalition forms a... Read More

An overturning of popular will

The dizzying chain of political developments have raised a number of monumental... Read More

Royal rule amid leadership change

AS long as a prime minister continues to enjoy the stable support... Read More

Improving the access to justice

Decentralisation is necessary and traditional and modern, legal and non-legal, judicial and... Read More

Build bridges and dismantle walls

In 2020, Malaysia needs more efforts to strengthen intercommunal harmony and fight... Read More

Keeping up with the challenges

We have made great strides in protecting basic human rights and freedoms,... Read More

Malaysia's Constitutional Fundamentals - No. 1 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

OUR CONSTITUTION – OUR DOCUMENT OF DESTINY Emeritus Prof Datuk Dr Shad... Read More

Sosma can’t be above Constitution

OUR Constitution is the supreme law of the Federation and the superior... Read More

Schools must promote constitutional literacy

Despite the importance of the Federal Constitution, Malaysians don’t know it well.... Read More

Let us be the change we want to see

OUR nation is going through some turbulence in the areas of race... Read More

Opening the windows of our mind

THE pre-eminence and official position of the Malay language is deeply entrenched... Read More

Have knowledge of the Constitution

SIXTY-TWO years into independence, knowledge of our supreme Constitution’s glittering generalities is... Read More

Bridges of friendship across the sea

We in the peninsula must learn from our borneo brothers and sisters... Read More

Time to stand up and be counted

A lot more has to be done to improve human rights in... Read More

At 60, Parliament is due for reforms

The law-making body is the central pillar of our democracy, and yet... Read More

Tertiary studies on the cusp of change

A HIGH-LEVEL committee of the Education Ministry is conducting a detailed study... Read More

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Emeritus Prof. Datuk Dr Hj Shad Saleem Faruqi

Emeritus Prof Datuk Dr Hj Shad Saleem Faruqi has been appointed as the Fourth Holder of the Tun Hussein Onn Chair in International Studies at the Institute of Strategic and International Studies (ISIS) Malaysia for the period July 2019 to June 2021.

Emeritus Prof Shad is currently the Holder of the Tunku Abdul Rahman Chair at the Faculty of Law, University of Malaya. He is a Member of the Judicial Appointments Commission; a Fellow of the Academy of Sciences Malaysia; a member of the post GE-14 Government’s Institutional Reform Committee; and a member of the MA63 Committee. He is an Emeritus Professor of Law at Universiti Teknologi MARA, Shah Alam. He has also served as a Visiting Professor at USM, Penang; as Associate Professor at UIAM; and an Adjunct Professor at New England University, Australia

He is the author of ten books including Document of Destiny: The Constitution of the Federation of Malaysia; Reflections on Life and the Law; Media Law & Regulations in Malaysia and Our Constitution.

In four and a half decades in the law he has authored more than 600 articles in journals, periodicals and newspapers. He has done many national and international consultancies including the drafting of the Constitution of the Republic of Maldives in 1992.

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Published Articles

Learning to live together in harmony

17 December 2020
THE shadows are lengthening on 2020 and a tumultuous decade is about to come to an end. It is time to reflect on the past and hope and plan for a better future. The last 10 years have been marred by some extremely unfortunate challenges. We have been witnesses to corruption scandals of epic proportions.…

Constitutional issues to the fore

19 November 2020
AS in life so in law, a host of factors have to be examined holistically before any significant decision or determination can be made. This is the situation the body-politic is facing today. The prescriptions of the federal and state constitutions have to be read in the light of the grim realities of social, economic…

Can Batu Sapi polls be postponed?

05 November 2020
THE by-election for the Batu Sapi parliamentary seat in Sabah, caused by the untimely death of respected former Law minister Datuk Liew Vui Keong, is scheduled for Dec 5. Nomination Day is Nov 23. Given the fact that the constituency is a Covid-19 red zone and Sabah’s tally of cumulative cases on Nov 2 was…

Observe the spirit of the Constitution

22 October 2020
THOUGH the pandemic rages and the economy plummets, the wheeling and dealing to secure advantages for themselves remains the pastime of many leaders on both sides of the political divide. The rakyat is generally fed up and is reacting with disdain. It yearns for ways to put the nation back on track. Regrettably, there are…

The appointment of Sabah’s CM

08 October 2020
THE last fortnight has thrust a number of constitutional issues to the fore. By-election: Due to the sad demise of Datuk Zachary David Liew Vui Keong, a former law minister and MP for Batu Sapi, Sabah, a by-election is in the offing.Liew’s humility and humanity had touched many lives. He was passionately committed to law…

Promote multilingualism in education

24 September 2020
As the laws permit considerable discretion and flexibility, it is ultimately a matter of wisdom, political courage and educational vision. MALAYSIAN Employers Federation executive director Datuk Shamsuddin Bardan believes poor command of the English language among many Bumiputra graduates is the main reason why they find it hard to get jobs in the private sector,…

Honouring the Malaysia Agreement

10 September 2020
In many areas, Sabah and Sarawak’s autonomy has suffered serious retreat. AS we commemorate 57 years of the formation of Malaysia, we need to recapture the spirit of accommodation, moderation and compassion that animated the leaders of the Malaysia Agreement in 1963. The Federal Government and leaders of Sabah and Sarawak must re-dedicate themselves to…

Building bridges, dismantling walls

27 August 2020
THERE are no quick-fix solutions. The causes of disunity are many and the cures must tackle a whole range of swirling, divisive forces, some of which are believed to be gaining strength. Among them are unhelpful historical narratives; inter-ethnic as well as intra-ethnic economic inequalities; identity politics; inadequate laws and poor enforcement of constitutional safeguards;…

Support the nuke weapons ban treaty

13 August 2020
Nuclear arms are not weapons of war but weapons that would wreak total, global destruction. SEVENTY-FIVE years ago, on Aug 6,1945, in a horrendous act of inhumanity, President Truman of the United States ordered the dropping of an atomic bomb on the Japanese town of Hiroshima. The consequent whirlwind of fire and heat obliterated 90%…

Reigniting issue of royal immunities

30 July 2020
LAST month, the outgoing president of the Dewan Negara, Tan Sri S.A. Vigneswaran, called upon the government to reinstate royal powers and immunities diminished by the Constitution (Amendment) Act 1993 (Act A848). He believed that the 1993 amendment was enacted contrary to mandatory constitutional requirements. His observation draws our attention to the procedures for bringing…

Federal-State Division of Powers: Thoughts for the Future

23 July 2020
PUBLIC LECTURE OF THE TUN HUSSEIN ONN CHAIR IN INTERNATIONAL STUDIES AT ISIS MALAYSIA Duality of government and a clear demarcation of legislative, executive, judicial and financial powers are the hallmarks of a federal system. The States should exist as semi-autonomous units in areas assigned to them by the Constitution. In Malaysia, except in relation…

Put Rukunegara at the core of govt

16 July 2020
AUGUST 31 this year will be doubly sacred. Besides being the 63rd anniversary of Merdeka, it will be the 50th anniversary of our Rukunegara. This blueprint for national unity was drafted after the convulsions of May 13, 1969. A National Consultative Council (NCC) of 67 distinguished persons was assembled under the chairmanship of Tun Abdul…

Parliament as the Grand Inquest of the Nation: Proposals for Enhancing Parliament's Institutional Efficacy

24 June 2020
PUBLIC LECTURE OF THE TUN HUSSEIN ONN CHAIR IN INTERNATIONAL STUDIES AT ISIS MALAYSIA In political theory an elected and representative legislature is the central pillar of a democratic polity. In our Westminster system of “parliamentary government”, the legislature is supposed to perform a myriad of functions, among them: the making of laws; scrutiny of…

Can MPs hold positions in GLCs?

04 June 2020
For Parliament to function well, legislators need to be independent of external pressure, including the temptations that the executive can offer. It boils down to the Federal Constitution’s definition of “office of profit”.    PARLIAMENT is one of the pillars of our constitutional edifice. It is required to perform a number of critical constitutional functions…

Posers on constitutional position

21 May 2020
ALL crises produce heroes or bystanders. Malaysia’s frontline workers of the Covid-19 catastrophe were rightly applauded as national heroes by the Yang di-Pertuan Agong in his Royal Address to Parliament on May 18. Ironically, the institution where this deserving tribute took place has been largely a bystander in the nation’s fight against the pandemic. This…

State defiance lacks legal basis

07 May 2020
Doubts over the conditional MCO are understandable but when states go their own way, even when in good faith, they risk facing civil suits. NINE out of the 13 states of the federation are not in sync with the Federal Government’s conditional movement control order (MCO). It appears that the differences are not about whether…

Religion, reason can go hand in hand

23 April 2020
RELIGION is one of the most potent forces of human civilisation. It satisfies our innermost needs and reflects our deepest yearnings. Nearly 84% of the world’s population claims adherence to some faith or the other.Whether this faith is used as a force for good or for evil is, of course, another matter. Much depends on…

Present constitutional dilemmas

10 April 2020
EXCEPTIONAL crises call for exceptional responses. However, in a democratic society, the measures adopted must preserve human dignity and show fidelity to the Federal Constitution and to the principles of rule of law. Over the last three weeks, several constitutional issues have washed up against our shores. Two of them will be covered in this…

Appointment of A Prime Minister - No. 3 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

26 March 2020

Pandemic rules and the law

26 March 2020
The Covid-19 crisis engulfing the nation (and the rest of the world) calls for drastic measures to prevent the spread of the affliction, trace those affected and treat those afflicted. Measures, such as those under the movement control order (MCO), that shutter thousands of businesses, throw millions out of work and order the bulk of…

Constitutional Supremacy: Theory Versus Reality – No. 2 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

20 March 2020
CONSTITUTIONAL SUPREMACY: THEORY VERSUS REALITY Emeritus Prof. Datuk Dr Shad Saleem Faruqi ROLE OF A CONSTITUTION A Constitution is the political architect's master plan for the nation. It is a body of fundamental law which describes the manner in which the state is organized, government carried on and justice administered. At the organisational level, the…

Healing a fractured body politic

12 March 2020
A lot of political juggling is required when a coalition forms a Cabinet. But what matters now is meeting the people’s expectations. WHATEVER reservations we may harbour about the new government, let us give the Prime Minister and his Cabinet a fair chance to redeem his pledge to the nation. Let us put an end…

An overturning of popular will

27 February 2020
The dizzying chain of political developments have raised a number of monumental constitutional issues. THE unexpected resignation of Prime Minister Tun Dr Mahathir Mohamad and the collapse of the Pakatan Harapan government less than two years after a euphoric victory in May 2018 is a sad illustration of the dark underbelly of parliamentary democracy. The…

Royal rule amid leadership change

13 February 2020
AS long as a prime minister continues to enjoy the stable support of a simple majority in the Dewan Rakyat, his position as Prime Minister is unassailable.However, in changed circumstances, the Yang di-Pertuan Agong may be required to exercise the awesome power under Article 43(2)(a) of the Federal Constitution to appoint a new prime minister…

Improving the access to justice

30 January 2020
Decentralisation is necessary and traditional and modern, legal and non-legal, judicial and non-legal techniques must be nurtured. THE administration of justice is the firmest pillar of government. Access to justice is, or should be, a fundamental right in a democratic society. A mature legal system should contain a wealth of institutions, laws, principles and procedures…

Build bridges and dismantle walls

02 January 2020
In 2020, Malaysia needs more efforts to strengthen intercommunal harmony and fight hate, extremism and ignorance. A TUMULTUOUS year has come to a close and a new year and a new decade have rolled in. While we reflect on the many blessings that our nation continues to enjoy, let us also be conscious of the…

Keeping up with the challenges

19 December 2019
We have made great strides in protecting basic human rights and freedoms, but there are always threats to counter. We fight best when we fight together. DEC 10 was Human Rights Day, a reminder that human rights are inherent and not dependent on the state’s charity or generosity. As we celebrate the many advances in…

Malaysia's Constitutional Fundamentals - No. 1 of a Series of Essays by The Tun Hussein Onn Chair in International Studies

10 December 2019
OUR CONSTITUTION – OUR DOCUMENT OF DESTINY Emeritus Prof Datuk Dr Shad Saleem Faruqi Holder of the Tun Hussein Onn Chair Institute of Strategic and International Studies, Malaysia More than other fields of law, a Constitution reflects the dreams, demands, values and vulnerabilities of the body-politic. A Constitution that will endure must not depart too…

Sosma can’t be above Constitution

05 December 2019
OUR Constitution is the supreme law of the Federation and the superior courts have the power to review and invalidate any executive or legislative action that violates it.Regrettably, for most of the years since Merdeka, this power of judicial review was exercised sparingly.However, in the mid-1990s, stirrings of judicial assertiveness were felt and these resulted…

Schools must promote constitutional literacy

21 November 2019
Despite the importance of the Federal Constitution, Malaysians don’t know it well. It’s time to properly and fully educate the young on its principles and values. THE Federal Constitution is our nation’s fundamental law. It is the apex of our legal hierarchy of rules and is of superior validity to all laws – whether passed…

Let us be the change we want to see

24 October 2019
OUR nation is going through some turbulence in the areas of race and religious relations. Not a fortnight passes without some incident or the other degenerating into a racial or religious controversy.Race-baiting, scapegoating and looking at everything through the lens of race or religion have become the obsession of many political aspirants.It was not always…

Opening the windows of our mind

10 October 2019
THE pre-eminence and official position of the Malay language is deeply entrenched in our Constitution. Article 152(1) prescribes that the national language shall be the Malay language and shall be used for all official purposes. Official purpose is defined in Article 152(6) as any purpose of the federal or state governments or a public authority.…

Have knowledge of the Constitution

26 September 2019
SIXTY-TWO years into independence, knowledge of our supreme Constitution’s glittering generalities is woefully lacking in our society. Not only ordinary citizens but students at all levels of education, employees of the public services, police, army, members of Parliament and State Assemblies and politicians of all shades, are blissfully unaware of the Constitution’s scintillating ideals, its…

Bridges of friendship across the sea

12 September 2019
We in the peninsula must learn from our borneo brothers and sisters the art of communal living, in which they are far better than us.AS we commemorate 56 years of the formation of Malaysia, it is necessary to strengthen the bridges of friendship between the peninsula and Sabah and Sarawak. It is necessary for the…

Time to stand up and be counted

15 August 2019
A lot more has to be done to improve human rights in our country. Malaysians need to band together to subdue undemocratic forces in a democratic way. THE Pakatan Harapan government came to power on the promise to improve the human rights situation in the country. Fifteen months after GE14, how does the scorecard read?…

At 60, Parliament is due for reforms

01 August 2019
The law-making body is the central pillar of our democracy, and yet it legitimates rather than legislates. THE hallowed institution of our Parliament turns 60 in September. On April 24, 1959, the then Federal Legislative Council met for the last time. On Aug 19 that year, independent Malaya held her first general election, and on…

Tertiary studies on the cusp of change

18 July 2019
A HIGH-LEVEL committee of the Education Ministry is conducting a detailed study of the Universities and University Colleges Act 1971 (UUCA) to recommend more autonomy and independence in matters of governance, administration and financial mana­gement of public universities. The rules relating to the university’s power over staff and students are also being scrutinised. The UUCA…
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