A playmaker and moderator: Lord Reid and the framing of the Malayan federal constitution

Abstract

Lord Reid played a vital role as chairman in a Commonwealth commission in framing the Malayan Independence constitution between 1956 and 1957. The Scottish Lord of Appeal sought to ensure the commission's impartiality and to achieve a fair balance between the demands of the various interest groups. The Federation of Malaya was a complex emerging nation-state with a diverse population and the framers had to manage competing interests and demands. This article, through a close examination of the primary constitutional documents, considers Reid's influence on the framing of the Malayan (and hence, Malaysian) federal constitution. The article begins with a brief discussion of Lord Reid's appointment to head the commission and then considers in some depth areas where his influence on the framing of the draft constitution is evident. The article argues that Reid was the main playmaker and moderator during the constitution-framing process and played a critical role in ensuring a balance was achieved between the competing demands of the federal government and the states, safeguarding the fundamental rights of the citizens against the state, and in moderating the various communal demands.