Sir Ivor Jennings and the Malayan Constitution
Bibliographic Data
| ID | 11944328 |
|---|---|
| Authors | Joseph M Fernando (0000-0001-6416-4141, Schlumberger (Ireland), corresponding author) |
| Year | 2006 |
| Volume | 34 |
| Issue | 4 |
| Pages | 577-597 |
| Publication date | 2006-11-17 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Imperial & Commonwealth History (JOURNAL) |
| Journal identifiers | ISSN: 0308-6534 • E-ISSN: 1743-9329 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/03086530600991498 |
| OpenAlex | W2063646797 |
| Language | EN |
| Citations received | 3 |
| References cited | 5 |
This article examines the role of the British jurist, Sir Ivor Jennings, in the drafting of the Malayan independence constitution. Jennings was part of a five-man constitutional commission appointed in 1956 and led by the Scottish lord of appeal, Lord Reid. Unlike other such commissions, but at the request of Malaya's chief minister, its members were selected from a range of Commonwealth countries. The article discusses the principles which shaped the final document as well as the process of drafting, and argues that, while the constitution was the collective effort of five distinguished lawyers, Jennings' contributions were significantly greater. His working papers on governance served as the basis for the commission's discussion and his influence is most discernible in the provisions relating to the distribution of legislative and financial powers between the federal government and the states and in the section on fundamental liberties. This article concludes that Jennings not only provided the intellectual leadership for the Reid Commission but was also the master draftsman of the new constitution
Appeal · Commission · Commonwealth · Constitution · Government (linguistics · Independence (probability theory · Legislature · Political science · Asian Studies and History · Commonwealth, Australian Politics and Federalism · Law
| Citations per year | 0.33 |
|---|---|
| Citation span | 2017 - 2019 (3) |
| Highly cited | No |