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Malayan Democratic Union

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The Malayan Democratic Union was a left-wing socialist political party active in British Malaya from 1945 to 1948. It was founded by English-educated intellectuals and advocated for the independence of British Malaya as a single entity inclusive of Singapore .

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146-473: There exists differing accounts of the party's origins, although it is generally accepted that it was first conceived by its leaders while under Japanese internment in occupied Malaya. Two contradictory accounts have been provided by Gerald de Cruz, who claimed that he had been approached by Wu Tian Wang, a member of the Malayan Communist Party , to initiate the party's founding, and later that

292-487: A Comintern courier was intercepted by the police, about six raids were conducted from June to December saw several party members were arrested and documents seized, sending the party into disarray. Information extracted from the courier indicated at this point there were 1,500 members and 10,000 sympathisers. Despite this setback, the MCP gained influence in the trade union movement and organised several strikes, most notably at

438-447: A Soviet economy that remained capitalist to a significant degree ." This changed with the introduction of the command economy , and the term socialist law was conceived to reflect this in the 1930s. Hungarian legal theorist Imre Szabó acknowledged similarities between socialist law and civil law, but he noted that "four basic types of law may be distinguished: the laws of the slave, feudal, capitalist, and socialist societies." Using

584-545: A civil law system . The countries of Eastern Europe had formally been governed by the Austro-Hungarian Empire , German Empire , and Russian Empire —all of whom had a civil law legal system. Cuba had a civil law system imposed on them by Spain, while China introduced civil law to overlay with Confucian elements, and Vietnam used French law. Since the establishment of the Soviet Union, there has been

730-469: A communist front owing to the presence of Malayan Communist Party members in its central committee from May 1948 onwards, as well as the two parties' close cooperation as part of the AMCJA. Malayan Communist Party [REDACTED] [REDACTED] Race and politics [REDACTED] Former parties Former parties Former parties The Malayan Communist Party ( MCP ), officially

876-637: A communist society . Other terms used by communist states include national-democratic , people's democratic , socialist-oriented , and workers and peasants' states. Academics, political commentators, and other scholars tend to distinguish between communist states and democratic socialist states, with the first representing the Eastern Bloc and the latter representing Western Bloc countries that have been democratically governed by socialist parties such as France , Sweden , and Western social-democracies in general, among others. During

1022-655: A war of national liberation against the British Empire during the Malayan Emergency . After the departure of British colonial forces from the Federation of Malaya , the party fought in a third guerrilla campaign against both the Malaysian and Singaporean governments in an attempt to create a communist state in the region, before disbanding in 1989. Today, due to historical connotations surrounding

1168-433: A "great number of legal institutions and legal relations remain the same in socialist law", further stating that it is "necessary and justified" to put them to use if they are "in conformity with the corresponding interests of the ruling class in the state in question." Importantly, socialist law had retained civil law institutions, methodology, and organisation. This can be discerned by the fact that East Germany retained

1314-536: A Central Military Committee which consisted of the politburo and some of the MPLA's regimental commanders and political officers. The most influential members of the politburo were Chin Peng , Yeung Kwo and Lau Lee . At this point the army had about 4000 soldiers, about 10% women. It was divided into ten Regiments, nine of which were predominantly Chinese and one of which was composed mostly of Malays and Indians. The latter

1460-463: A broader 'segment of society' [...] than the court itself." Despite this, it does not mean that the communist states use legislatures to strengthen their communication with the populace—the party, rather than the legislature, could take that function. Ideologically, it has another function, namely, to prove that communist states do not only represent the interests of the working class but all social strata. Communist states are committed to establishing

1606-576: A classless society and use legislatures to show that all social strata, whether bureaucrat, worker, or intellectual, are committed and have interests in building such a society. As is the case in China, national institutions such as the legislature "must exist which brings together representatives of all nationalities and geographic areas." It does not matter if the legislatures only rubber stamp decisions because by having them, it shows that communist states are committed to incorporating minorities and areas of

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1752-403: A decision has been reached, all people have a duty to account to that decision. When used within a political party, democratic centralism is meant to prevent factionalism and splits. When applied to an entire state, democratic centralism creates a one-party system . The constitutions of most communist states describe their political system as a form of democracy. They recognize the sovereignty of

1898-624: A few days. When the unitary legislature is not in session, its powers are transferred to a smaller council (often called a presidium ) which acts as a collective head of state . In some systems, the presidium is composed of crucial communist party members who vote the resolutions of the communist party into law. A feature of communist states is the existence of numerous state-sponsored social organisations (associations of journalists, teachers, writers and other professionals, consumer cooperatives , sports clubs , trade unions , youth organisations , and women's organisations ) which are integrated into

2044-402: A general food-control program called 'Operation Starvation' was instituted. In 'food restricted areas', eating was only permitted at home, not at cafes and restaurants or workplaces. Shop keepers had to keep strict account of all food sold, and canned goods had to be punctured at time of sale to necessitate their being used promptly. Widespread burning of villages suspected of Communist sympathies

2190-486: A given country. It deals with states that define themselves either as a socialist state or as a state led by a governing Marxist–Leninist party in their constitutions. For this reason alone, these states are often called communist states. All communist political systems practice unitary state power . This means that the legislature, usually defined as the highest organ of state power, has executive, legislative and judicial power and can interfere in these organs as long as

2336-575: A more democratic constitution. The efforts of the party through the AMCJA to push through a more equitable constitution, including through a hartal in October 1947, were unsuccessful. The party was voluntarily dissolved in June 1948 at the beginning of the Malayan Emergency , when its leaders heard rumours that the colonial government was considering taking action against it. The party was generally considered to have been strongly influenced by and acted as

2482-527: A path for China, recording what has been won in China and what is yet to be conquered." A constitution in a communist state has an end. The preamble of the 1954 Chinese constitution outlines the historical tasks of the Chinese communists, "step by step, to bring about the socialist industrialisation of the country and, step by step, to accomplish the socialist transformation of agriculture, handicraft and capitalist industry and commerce." In communist states,

2628-490: A reprobate category, the Romanist laws and the common law, is the fact that they reason less as jurists and more as philosophers and Marxists; it is in taking a not strictly legal viewpoint that they affirm the originality of their socialist law." However, some socialist legal theorists, such as Romanian jurist Victor Zlatescu differentiated between type of law and family of law. According to Zlatescu, "[t]he distinction between

2774-505: A rising atmosphere of tension, the government outlawed the burgeoning trade union federations on 12 June 1948. Then on 16 June they declared a state of emergency after three European planters were murdered by Communists in Perak state. The police were given sweeping powers of arrest, and punishments including the death penalty could be administered without an ordinary trial. In the two weeks following hundreds of MCP members were arrested, and

2920-455: A scholarly debate on whether socialist law is a separate legal system or is a part of the civil law tradition. Legal scholar Renè David wrote that the socialist legal system "possesses, in relation to our French law, particular features that give it a complete originality, to the extent that it is no longer possible to connect it, like the former Russian law, to the system of Roman law ." Similarly, Christoper Osakwe concludes that socialist law

3066-853: A self-governing democratic Malaya within the British Commonwealth . It was broadly in support of the Malayan Union , which united the federated and unfederated Malay States , and the Straits Settlements of Malacca and Penang into a single entity, and of the union's accompanying liberal citizenship scheme on the condition that Singapore be included in any such union. However, the Malayan Union faced significant opposition from Malay nationalists who engaged in clandestine negotiations with British administrators to produce new constitutional proposals that would restore

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3212-433: A single centralised communist party apparatus. These parties are usually Marxist–Leninist or some national variation thereof such as Maoism or Titoism . There have been several instances of communist states with functioning political participation (i.e. Soviet democracy ) processes involving several other non-party organisations such as direct democratic participation, factory committees , and trade unions , although

3358-413: A socialist state. A socialist state is more than a form of government and can only exist in countries with a socialist economy . There are examples of several states that have instituted a socialist form of government before achieving socialism. The former socialist states of Eastern Europe were established as people's democracies (a developmental stage between capitalism and socialism ). Regarding

3504-419: A tool to defend the socialist nature of the state and attack its enemies. This contrasts with the liberal conception of constitutionalism that "law, rather than men, is supreme." Unlike the relatively constant (and, in some instances, permanently fixed ) nature of democratic constitutions, a Marxist–Leninist constitution is ever-changing. Andrey Vyshinsky , a Procurator General of the Soviet Union during

3650-427: Is "an autonomous legal system to be essentially distinguished from the other contemporary families of law." Proponents of socialist law as a separate legal system have identified the following features: Legal officials argue differently for their cases compared to Westerners. For instance, "[t]he predominant view among Soviet jurists in the 1920s was that Soviet law of that period was Western-style law appropriate for

3796-772: Is also why amendments to constitutions are not enough and major societal changes need a novel constitution which corresponds with the reality of the new class structure. With Nikita Khrushchev 's repudiation of Stalin's practices in the " Secret Speech " and the Chinese Communist Party's repudiation of certain Maoist policies, Marxist–Leninist legal theories began to emphasise "the formal, formerly neglected constitutional order." Deng Xiaoping , not long after Chairman Mao Zedong 's death, noted that "[d]emocracy has to be institutionalised and written into law, to make sure that institutions and laws do not change whenever

3942-505: Is different from country to country. In the Soviet Union, the Supreme Soviet did "little more than listen to statements from Soviet political leaders and to legitimate decisions already made elsewhere" while in the legislatures of Poland, Vietnam, and Yugoslavia it has been more active and had an impact on rule-making. Marxist–Leninists view the constitution as a fundamental law and as an instrument of force. The constitution

4088-440: Is ruled by the bourgeoisie class, and socialism, where the proletariat leads, the socialist-oriented state represents a broad and heterogeneous group of classes that seek to consolidate national independence. Since peasants were usually the largest class in socialist-oriented states, their role was emphasised—similar to the working class in other socialist states. However, Marxist–Leninists admitted that these states often fell under

4234-642: Is that the socialist-oriented state was divided into two stages: a national-democratic socialist-oriented state and a people's democratic socialist-oriented state. Countries belonging to the national-democratic socialist-oriented state category were also categorised as national-democratic states. Examples of national-democratic socialist-oriented states are Algeria , ruled by the National Liberation Front , Ba'athist Iraq , and Socialist Burma . In contrast, people's democratic socialist-oriented states had to be guided by Marxism–Leninism and accept

4380-590: Is the most common and is currently in use in China. Marxism–Leninism was mentioned in the Soviet constitution . Article 6 of the 1977 Soviet constitution stated: "The Communist Party, armed with Marxism–Leninism, determines the general perspective of the development of society and the course of the domestic and foreign policy of the USSR." This contrasts with the 1976 Albanian constitution which stated in Article 3: "In

4526-637: Is the source of law and legality. Unlike in liberal democracies , the Marxist–Leninist constitution is not a framework to limit the power of the state. To the contrary, a Marxist–Leninist constitution seeks to empower the state—believing the state to be an organ of class domination and law to be the expression of the interests of the dominant class. Marxist–Leninists believe that all national constitutions do this to ensure that countries can strengthen and enforce their own class system. In this instance, it means that Marxist–Leninists conceive of constitutions as

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4672-433: Is to create the conditions for socialism in countries where the social, political, and economic conditions for socialism do not exist. The second feature to be met is the establishment of a revolutionary-democratic party which has to establish itself as the leading force and guide the state by using Marxist–Leninist ideology. While introduced in these states, democratic centralism is rarely upheld. Unlike capitalism which

4818-553: The 1896 German civil code until 1976 while Poland used existing Austrian, French, German, and Russian civil codes until adoption of its own civil code in 1964. Scholar John Quigley wrote that "[s]ocialist law retains the inquisitorial style of trial, law-creation predominantly by legislatures rather than courts, and a significant role for legal scholarship in construing codes." Communist states have established two types of civil-military systems. The armed forces of most socialist states have historically been state institutions based on

4964-652: The Batu Arang coal mine in 1935. They also set up workers' committees at some workplaces. These committees, and the strikes, were promptly crushed by troops and police. Many ethnic Chinese strikers were deported to China, where they were often executed by the Chinese Nationalist government as Communists. After Japan invaded China in 1937, there was a rapprochement between the Malayan Kuomintang and Communists, paralleling that in China. Under

5110-480: The Briggs Plan of 1950. By the mid-1950s about 500,000 people (roughly 10% of Malaya's population) had been moved into compounds, termed 'New Villages', which were surrounded by high barbed wire fences and guarded by police. On mines and estates, employees did not face relocation but merely 'regroupment' into guarded compounds on site. About 650,000 people were regrouped in this manner. In addition, in June 1951,

5256-820: The Communist Party of Malaya ( CPM ), was a Marxist–Leninist and anti-imperialist communist party which was active in British Malaya and later, the modern states of Malaysia and Singapore from 1930 to 1989. It was responsible for the creation of both the Malayan Peoples' Anti-Japanese Army and the Malayan National Liberation Army . The party led resistance efforts against the Japanese occupation of Malaya and Singapore during World War II , and later fought

5402-604: The Iron Curtain broke under public pressure during a wave of mostly non-violent movements as part of the Revolutions of 1989 which led to the dissolution of the Soviet Union in 1991. China's socio-economic structure has been referred to as "nationalistic state capitalism" and the Eastern Bloc ( Eastern Europe and the Third World ) as "bureaucratic-authoritarian systems." Today, the existing communist states in

5548-590: The Japanese Empire invaded Malaya. The British colonial authorities now accepted the MCP's standing offer of military co-operation. On 15 December, all left-wing political prisoners were released. From 20 December the British military began to train party members in guerrilla warfare at the hastily established 101st Special Training School (101st STS) in Singapore. About 165 MCP members were trained before

5694-712: The Narodniks in Russia, it is now associated with communist states. A number of the short-lived communist states which formed during World War I and its aftermath called themselves people's republics. Many of these sprang up in the territory of the former Russian Empire following the October Revolution . Additional people's republics emerged following the Allied victory in World War II, mainly within

5840-514: The mass line and learning from the people." This reasoning gives communist legislatures the right to interfere in every state institution unless the legislature itself has made a law that bars it from it. This also means there are no limits to politicisation, unlike in liberal democracies, where politicians are legally barred from interfering in judicial work. This is a firm rejection of the separation of powers found in liberal democracies since no institution can legally enforce checks and balances on

5986-540: The 'Emergency' was over. However, Emergency restrictions remained in place in the area near the Thailand border. In the mid 1960s the US State Department estimated the party membership to be approximately 2000. Communist state Former parties Former parties Former parties A communist state , also known as a Marxist–Leninist state , is a one-party state in which the totality of

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6132-605: The 1930s, notes that the "Soviet constitutions represent the total of the historical path along which the Soviet state has travelled. At the same time, they are the legislative basis of subsequent development of state life." That is, the constitution sums up what has already been achieved. This belief is also shared by the Chinese Communist Party , which argued that "the Chinese Constitution blazes

6278-664: The 1986–2006 period, active military figures sitting in the CPV Central Committee stood at an average of 9,2 per cent. Military figures are also represented in the national legislature (the National Assembly ) and other representative institutions. In China, the two CMC vice chairmen have had by right office seats in the CCP Politburo since 1987. A Marxist–Leninist party has led every communist state. This party seeks to represent and articulate

6424-600: The 20th century, the world's first constitutionally communist state was Soviet Russia at the end of 1917. In 1922, it joined other former territories of the empire to become the Soviet Union . After World War II , the Soviet Army occupied much of Eastern Europe and helped bring the existing communist parties to power in those countries. Originally, the communist states in Eastern Europe were allied with

6570-823: The BMA was immediately faced with strikes and demonstrations in which the Communists played an active part. Several were put down by armed force and the leaders banished. The MCP also exerted influence through parliamentary parties such as the Malayan Democratic Union (MDU) and the Malay Nationalist Party (MNP). In 1946, amid a discontent with the leadership's cautious line, an investigation commenced into rumours of Lai Teck 's treachery. Before he could be questioned in March 1947, Lai Teck fled

6716-439: The British defences collapsed. These fighters, scantily armed and equipped by the hard-pressed British, hurriedly dispersed and attempted to harass the occupying army. Just before Singapore fell to the Japanese on 15 February 1942, the party began organising armed resistance in the state of Johore . Soon four armed groups, which became known as 'Regiments', were formed, with 101st STS trainees serving as nuclei. In March this force

6862-730: The CPSU Central Committee was responsible for implementing the party personnel policies and supervised the KGB , the Ministry of Internal Affairs and the Ministry of Defense. In the Chinese party-state model, the People's Liberation Army (PLA) is a party institution. In the preamble of the Constitution of the Chinese Communist Party , it is stated: "The Communist Party of China (CPC) shall uphold its absolute leadership over

7008-573: The Chairman of the Council for National Defense and Security of Vietnam), National Supervisory institutions (such as the Director of China's National Supervisory Commission ) and other institutions if they exist. Moreover, in all communist states, the ruling party has either had a clear majority, such as China or held every seat as they did in the Soviet Union, in their Supreme Soviet. A majority in

7154-523: The Chinese Communist Party general secretary Xi Jinping , who stated in 2013 that "[n]o organisation or individual has the privilege to overstep the Constitution and law." After Soviet Union general secretary Joseph Stalin 's death, several communist states have experimented with some sort of constitutional supervision. These organs were designed to safeguard the supreme power of the legislature from circumvention by political leaders. Romania

7300-463: The Chinese working class, the Chinese people, and the Chinese nation." As noted by both communist parties, the ruling parties of communist states are vanguard parties . Vladimir Lenin theorised that vanguard parties were "capable of assuming power and leading the whole people to socialism, of directing and organising the new system, of being the teacher, the guide, the leader of all the working and exploited people in organising their social life without

7446-511: The Communist ideology." Therefore, the sole ideological purpose of communist states is to spread socialism and to reach that goal these states have to be guided by Marxism–Leninism. The communist states have opted for two ways to achieve this goal, namely govern indirectly by Marxism–Leninism through the party (Soviet model), or commit the state officially through the constitution to Marxism–Leninism (Maoist China–Albania model). The Soviet model

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7592-563: The Dutch East Indies, which did not then have their own Communist parties. The party operated as an illegal organisation under British colonial rule. On 29 April 1930, a raid conducted by the Singapore Special Branch on a vacant house at 24 Nassim Road in Singapore almost ended the MCP as eight of its original founding members were arrested before being imprisoned or deported back to China. In June 1931, after

7738-653: The Emergency Regulations, a cessation of hostilities, reform of Malaya's political system, democratic rights, support for world peace, and attention to other matters including education, health, welfare, and industrial production. The negotiations commenced in the Government English School (now as Sekolah Kebangsaan Tunku Putera) near Baling town in southeastern Kedah state, in northern Malaya, on 28 December 1955. They lasted more than eight hours, and were spread over two days. The MCP

7884-456: The MCP and a return to the pre-conflict situation. The Government demanded the dissolution of the MCP, and the talks broke down. In 1956 Chin Peng wrote to Tunku Abdul Rahman offering to resume negotiations. This was rejected by Rahman in a broadcast on 2 April. In April 1957, Hor Lung, a Politburo member in charge of the Southern operations of the MPLA since 1953, was bribed to surrender to

8030-636: The MCP, communism as an ideology remains a taboo political topic in both countries. The communist movement actually appeared in Pahang earlier around the middle of the 1920s. At that time, the Communist Youth League was formed in the Chinese settlement centers such as in Raub , Bentong , Mentakab and Manchis . The followers of this movement are mostly made up of Chinese students who are in their teens and early twenties. They have been taught

8176-597: The MPAJA avoided engagements and concentrated on consolidation, amassing 4,500 soldiers by Spring 1943. From May 1943, British commandos from Force 136 infiltrated Malaya and made contact with the guerrillas. Early in 1944 an agreement was reached whereby the MPAJA would accept some direction from the Allied South East Asia Command (SEAC) and the Allies would give the MPAJA weapons and supplies. It

8322-422: The MPAJA. The MPAJA consolidated this support by providing protection. O'Ballance estimates that in mid-1942 the regimental strengths were about 100 in the first Regiment, 160 in the 2nd, 360 in the 3rd, and 250 in the 4th. At this time a 5th, 6th, and 7th Regiment were formed. This army, which included women, was conceived as both a military and political force, along Maoist lines. When Singapore fell, Lai Teck

8468-539: The MPLA existed mainly in Perak and the Southern part of Johore. By early 1959 the MPLA was active only around the Thai border. Meanwhile, on 31 August 1957, Malaya became independent from Britain. Tunku Abdul Rahman became prime minister. The Director of Operations against the insurrection, however, remained a British General, namely Lieutenant-General Archibald Cassels . On 31 July 1960 the government formally declared that

8614-511: The Main Political Directorate supervises not only the military, but also intelligence, the security services, and counterespionage work. Unlike in liberal democracies, active military personnel are members and partake in civilian institutions of governance. This is the case in all communist states. The Communist Party of Vietnam (CPV) has elected at least one active military figure to its CPV Politburo since 1986. In

8760-630: The Malay police force and the civilian population and began to forcibly raise funds. Many in the rank and file advocated revolution. The cautious approach which was favoured by Lai Teck and a majority of the leadership prevailed—a decision which was later viewed as a major missed opportunity. On 12 September the British Military Administration (BMA) was installed at Kuala Lumpur. Later that year MPAJA reluctantly agreed to disband. Weapons were handed in at ceremonies where

8906-463: The Marxist theory of historical materialism , Szabó argues that socialist law cannot belong to the same law family since the material structure is different from the capitalist countries as their superstructure (state) has to reflect these differences. In other words, law is a tool by the ruling class to govern. As Renè David notes, socialist jurists "isolate their law, to put into another category,

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9052-545: The Marxist–Leninist-ruled countries of Africa and the Middle East, the Soviet Union deemed none of them socialist states—referring to them as socialist-oriented states. While many countries with constitutional references to socialism and countries ruled by long-standing socialist movements exist, within Marxist–Leninist theory a socialist state is led by a communist party that has instituted a socialist economy in

9198-573: The People's Liberation Army and other people's armed forces." The PLA carries out its work in accordance with the instructions of the Central Committee of the Chinese Communist Party . Mao Zedong described the PLA's institutional situation as follows: "Every communist must grasp the truth, ' Political power grows out of the barrel of a gun .' Our principle is that the party commands the gun, and

9344-433: The People's Socialist Republic of Albania the dominant ideology is Marxism–Leninism. The entire social order is developing on the basis of its principles." The 1975 Chinese constitution had a similar tone, stating in Article 2 that "Marxism–Leninism–Mao Zedong Thought is the theoretical basis guiding the thinking of our nation." The 1977 Soviet constitution did also use phrases such as "building socialism and communism", "on

9490-507: The Soviet Union's Eastern Bloc . In Asia, China became a people's republic following the Chinese Communist Revolution and North Korea also became a people's republic. During the 1960s, Romania and Yugoslavia ceased to use the term people's republic in their official name, replacing it with the term socialist republic as a mark of their ongoing political development. Czechoslovakia also added

9636-482: The Soviet Union. Yugoslavia would declare itself non-aligned , and Albania later took a different path. After a war against Japanese occupation and a civil war resulting in a Communist victory, the People's Republic of China was established in 1949. Communist states were also established in Cambodia , Cuba , Laos , North Korea , and Vietnam . In 1989, the communist states in Eastern Europe collapsed after

9782-441: The Soviet government was known as the Council of Ministers and identical names were used for the governments of Albania , East Germany , Hungary , Poland , and Romania . It was independent of the other central agencies such as the legislature and its standing committee, but the Supreme Soviet was empowered to decide on all questions it wished. The Soviet government was responsible to the legislature, and in between sessions of

9928-404: The Soviet model, but in China, Laos, North Korea, and Vietnam, the armed forces are party-state institutions. However, several differences exist between the statist (Soviet) and the party-state models (China). In the Soviet model, the Soviet armed forces was led by the Council of Defense (an organ formed by the Presidium of the Supreme Soviet of the Soviet Union ) while the Council of Ministers

10074-433: The Soviet one, the NPC is the highest organ of the state and elects a Standing Committee (the Soviets had a Presidium ), the government (named the State Council in China and the Council of Ministers in the Soviet Union), the Supreme Court (such as the Supreme Court of East Germany), the Supreme Procuratorate (such as the Supreme People's Procuracy of Vietnam ), the Chairman of the National Defence Council (for example,

10220-422: The Supreme Soviet's Presidium, union republic constitutions and laws, some central administrative decrees, Supreme Court explanations, and other central normative documents." If the committee deemed the legislature to have breached legality, the legislature was obliged to discuss the issue, but it could reject it if more than two-thirds voted against the findings of the Constitutional Supervision Committee. While it

10366-410: The agency in question failed to heed its advice, it needed to petition the legislature. In 1989, the Soviets established the Constitutional Supervision Committee, which "was subordinate only to the USSR constitution." It was empowered "to review the constitutionality and legality of a range of state acts of the USSR and its republics. Its jurisdiction included laws [passed by the legislature], decrees of

10512-571: The aim of coercing material aid, information, and silence. This policy contributed to a loss in popular support and was repudiated by the CEC in September 1951. On 1 February 1949 the MPABA changed its name to ' Malayan National Liberation Army ' (MNLA) and The party began to campaign for a Peoples' Democratic Republic of Malaya, which included Singapore. The MPLA had a General Headquarters controlled by

10658-618: The armed forces through the Main Political Directorate (MPD) of the Ministry of Defense , a state organ that functioned "with the authority of a department of the CPSU Central Committee ." The MPD organised political indoctrination and created political control mechanisms at the centre to the company level in the field. Formally, the MPD was responsible for organising party and Komsomol organs as well as subordinate organs within

10804-495: The armed forces; ensuring that the party and state retain control over the armed forces; evaluates the political performance of officers; supervising the ideological content of the military press; and supervising the political-military training institutes and their ideological content. The head of the MPD was ranked fourth in military protocol, but it was not a member of the Council of Defense. The Administrative Organs Department of

10950-438: The communist legislature. The legislature passes the constitution, which can only be amended by the legislature. Soviet legal theorists denounced judicial review and extra-parliamentary review as bourgeoisie institutions. They also perceived it as a limitation of the people's supreme power. The legislature, together with its suborgans, oversaw the constitutional order. Since the legislature is the supreme judge of constitutionality,

11096-412: The communist party remained the centre of power. As a term, communist state is used by Western historians, political scientists, and media to refer to these countries. However, these states do not describe themselves as communist nor do they claim to have achieved communism — they refer to themselves as socialist states that are in the process of constructing socialism and progressing toward

11242-618: The communist party. This shows that legislatures are tools to garner popular support for the government in which leading figures campaign and spread information about the party's policies and ideological development. Furthermore, Western researchers have devoted little attention to legislatures in communist states. The reason is that there are no significant bodies of political socialisation compared to legislatures in liberal democracies. While political leaders in communist states are often elected as members of legislatures, these posts are not relevant to political advancement. The role of legislatures

11388-495: The communist states; however, Communism remained the official ideology of the ruling parties of China , Cuba , Laos , Vietnam , and to a lesser extent, North Korea . During the later part of the 20th century, before the Revolutions of 1989, around one-third of the world's population lived in communist states. Communist states are typically authoritarian and are typically administered through democratic centralism by

11534-435: The concept of the national-democratic state "never received full theoretical elaboration as a political system." However, one feature was clearly defined, namely, that these states did not need to be led by a Marxist–Leninist party. A socialist-oriented state seeks to reach socialism by non-capitalist development. As a term, it substantially differs from the concept of the national-democratic state. The singular difference

11680-478: The conduct of processes of production. The state is not 'abolished'. It dies out." In "The Tax in Kind", Vladimir Lenin argued: "No one, I think, in studying the question of the economic system of Russia, has denied its transitional character. Nor, I think, has any Communist denied that the term Soviet Socialist Republic implies the determination of the Soviet power to achieve the transition to socialism, and not that

11826-413: The constitution was a tool to analyse the development of society. The Marxist–Leninist party in question would have to study the correlation of forces, literally society's class structure, before enacting changes. Several terms were coined for different developmental states by Marxist–Leninist legal theorists, including new democracy , people's democracy , and the primary stage of socialism . This

11972-460: The control of certain cliques such as the military in Ethiopia . The establishment of a legal system and coercive institutions are also noted to safeguard the socialist-oriented nature of the state. The fifth feature is that the socialist-oriented state must take over the media and educational system while establishing mass organisations to mobilize the populace. Unlike the Soviet economic model,

12118-470: The country by including them in the composition of the legislature. In communist states, there is usually a high proportion of members who are government officials. In this instance, it might mean that it is less important what legislatures do and more important who its representatives are. The members of such legislatures at central and local levels are usually either government or party officials, leading figures in their community, or national figures outside

12264-508: The country was re-unified under the communist party in 1976 and the 1992 Constitution of the Republic of Cuba states that the role of the communist party is to "guide the common effort toward the goals and construction of socialism." The DPRK's constitution outlines a socialist economy and the ruling Workers' Party of Korea remains ideologically committed to communism. Communist states share similar institutions, which are organised on

12410-487: The country with party funds. Badly shaken, the Central Executive Committee kept the defection secret for a year while they struggled to come to terms with it. The 26-year-old Chin Peng was chosen as the new Secretary General. A senior officer in the MPAJA 5th Regiment in Perak, he had been the party's principal liaison with Force 136 . The party's stance became more resolutely anti-British. Amid

12556-451: The economy of the socialist-oriented states are mixed economies that seek to attract foreign capital and which seeks to maintain and develop the private sector . In the words of Soviet leader Leonid Brezhnev , these states were in the process of taking over the commanding heights of the economy and instituting a state-planned economy. According to Soviet sources, Laos was the one socialist-oriented state that has managed to develop into

12702-418: The election process by "universal suffrage in the various wards and towns." While the institution of such a legislature might not be important in itself, they "have a place in the literature and rhetoric of the ruling parties which cannot be ignored—in the language of the party's intimacy with working masses, of its alleged knowledge about interests of working people, of social justice and socialist democracy, of

12848-461: The existing economic system is recognised as a socialist order." The introduction of the first five-year plan in the Soviet Union got many communists to believe that the withering away of the state was imminent. However, Joseph Stalin warned that the withering away of the state would not occur until after the socialist mode of production had achieved dominance over capitalism. Soviet jurist Andrey Vyshinsky echoed this assumption and said that

12994-558: The existing framework until 2018, when the Constitution and Law Committee of the National People's Congress was bestowed the right of constitutional review. The government of communist states is usually defined as the "executive organ of the highest state organ of power" or as the "highest administrative agency of state power". It functions as the executive organ of the legislature. This model has been introduced with variations in all communist states. For most of its existence,

13140-442: The form of a powerful All-Russian Soviet power; the object of which is to secure complete suppression of the bourgeoisie, the abolition of exploitation of man by man, and the establishment of Socialism, under which there shall be neither class division nor state authority". The communist state is the dictatorship of the proletariat , where the advanced elements of the proletariat are the ruling class. In Marxist–Leninist thinking,

13286-608: The gun must never be allowed to command the Party." The Central Military Commission (CMC) is both an organ of the state and the party—it is an organ of the CCP Central Committee and an organ of the national legislature, the National People's Congress. The CCP General Secretary is ex officio party CMC Chairman and the President of the People's Republic of China is by right state CMC Chairman. The composition of

13432-622: The ideals of communism by some of their teachers and are usually encouraged to show opposition to capitalism, colonial oppression and western imperialism in their public meetings and discussion groups. In April 1930 the South Seas Communist Party was dissolved and was replaced by the Communist Party of Malaya. While its primary responsibility was Malaya and Singapore, the party was also active in Thailand and

13578-470: The inauguration of the July Theses . Hungary and Poland experimented with constitutional supervision in the early 1980s. Hungary established the Council of Constitutional Law, which was elected by the legislature and consisted of several leading jurists. It was empowered to review the constitutionality and legality of statutes, administrative regulations, and other normative documents; however, if

13724-426: The interests of the classes exploited by capitalism . It seeks to lead the exploited classes to achieve communism. However, the party cannot be identified with the exploited class in general. Its membership comprises members with advanced consciousness above sectional interests. Therefore, the party represents the advanced section of the exploited classes and, through them, leads the exploited classes by interpreting

13870-556: The law does not illegalise it. This is because both Marx and Lenin abhorred the parliamentary systems of bourgeois democracy , but neither sought to abolish the legislature as an institution. Lenin wrote that it would be impossible to develop proletarian democracy "without representative institutions." Both of them considered the governing model of the Paris Commune of 1871 , in which executive and legislative were combined in one body, to be ideal. More importantly, Marx applauded

14016-457: The law of the socialist countries and the law of the capitalist countries is not of the same nature as the difference between Roman-German law and the common law, for example. Socialist law is not a third family among the others, as in certain writings of Western comparatists." In other words, socialist law is civil law, but it is a different type of law for a different society. Yugoslav jurist Borislav Blagojević  [ sr ] noted that

14162-464: The leadership changes or whenever the leaders change their views. [...] The trouble now is that our legal system is incomplete. [...] Very often what leaders say is taken as law and anyone who disagrees is called a lawbreaker." In 1986, Li Buyan wrote that "the policies of the Party usually are regulations and calls which to a certain extent are only principles. The law is different; it is rigorously standardised. It explicitly and concretely stipulates what

14308-418: The leadership of the communist party. In communist states, the government may not tolerate criticism of policies that have already been implemented in the past or are being implemented in the present. According to Marxist–Leninist thought, the state is a repressive institution led by a ruling class . This class dominates the state and expresses its will through it. By formulating law, the ruling class uses

14454-462: The legislature ensures the centralised and unitary leadership of the central committee of the ruling Marxist–Leninist party over the state. By having legislatures, the Marxist–Leninist parties try to keep ideological consistency between supporting representative institutions and safeguarding the party's leading role. They seek to use the legislatures as a linkage between the rulers and the ruled. These institutions are representative and usually mirror

14600-402: The legislature's acts cannot be unconstitutional. Moreover, this means that judicial independence in communist states does not mean the same as in liberal democracies. In communist states, judicial independence means stopping all interference not granted by law, but interference in itself is not barred. The Supreme Soviet was the first socialist legislature, and the Soviet legislative system

14746-557: The legislature, it reported to the legislature's standing committee. The standing committee could reorganise and hold the Soviet government accountable, but it could not instruct the government. In communist states, the government was responsible for the overall economic system, public order, foreign relations, and defense. The Soviet model was more or less identically implemented in Bulgaria , Czechoslovakia , East Germany, Hungary, Poland, and Romania, with few exceptions. One exception

14892-479: The name of the" National People's Congress , and through it, the Chinese Communist Party . These bodies are responsible to and report on their work to the legislature. For instance, the Prosecutor-General of Vietnam's Supreme People's Procuracy delivers an annual Work Report to the legislature, the National Assembly , every year. Moreover, all communist states have been established in countries with

15038-463: The national liberation movements took power and instituted an anti-imperialist foreign policy and sought to construct a form of socialism were considered national-democratic states by Marxist–Leninists. An example of a national-democratic state is Egypt under Gamal Abdel Nasser which was committed to constructing Arab socialism . Except Cuba, none of these states developed socialism. According to scholar Sylvia Woodby Edington, this might explain why

15184-565: The party CMC and the state CMC are identical. The CMC is responsible for the command of the PLA and determines national defence policies. fifteen departments report directly to the CMC and that are responsible for everything from political work to administration of the PLA. Of significance is that the CMC eclipses by far the prerogatives of the CPSU Administrative Organs Department while the Chinese counterpart to

15330-638: The party had been conceived by Lim Hong Bee and the Malayan Communist Party during Lim's involvement with the Communist-led Malayan Peoples' Anti-Japanese Army in Endau , Johor . Other accounts, including those of party chairman Philip Hoalim Sr., repudiated any claims of Communist influence in the party's founding. The party adopted a moderate and liberal attitude at its inception and called for, among other things,

15476-471: The party was declared illegal on 23 July. Party militants regrouped in the jungle as the Malayan Peoples' Anti-British Army (MPABA), many ex-MPAJA personnel. The initial commander, Lau Yew , was killed in action on 16 July. Chin Peng narrowly escaped arrest and rejoined his comrades with difficulty. During this period the MCP also engaged in intimidation, including assassination, of civilians with

15622-569: The people as embodied in a series of representative parliamentary institutions. Such states do not have a separation of powers and instead have one national legislative body (such as the Supreme Soviet in the Soviet Union), which is bestowed with unitary power and is often defined as the highest organ of state power. Unitary power means that the legislature has the power of the judiciary, legislature and executive but chooses to delegate these powers to other institutions. In communist states,

15768-483: The people should, can, or cannot do." These legal developments were echoed in later years in Cuba, Laos, and Vietnam. This has led to the development of the communist concept of socialist rule of law, which runs parallel to, and is distinct from, the liberal term of the same name. In the last years, this emphasis on the constitution as both a legal document and a paper which documents society's development has been noted by

15914-596: The political system. In communist states, the social organisations are expected to promote social unity and cohesion, to serve as a link between the government and society and to provide a forum for the recruitment of new communist party members. Historically, the political organisation of many socialist states has been dominated by a one-party monopoly. Some communist governments such as those in China , Czechoslovakia , or East Germany have or had more than one political party, but all minor parties are or were required to follow

16060-466: The population in areas such as ethnicity and language , "yet with occupations distributed in a manner skewed towards government officials." Unlike in liberal democracies, legislatures of communist states are not to act as a forum for conveying demands or interest articulation—they meet too infrequently for this to be the case. This might explain why communist states have not developed terms such as delegates and trustees to give legislature representatives

16206-668: The power belongs to a party adhering to some form of Marxism–Leninism , a branch of the communist ideology . Marxism–Leninism was the state ideology of the Soviet Union , the Comintern after its Bolshevisation , and the communist states within the Comecon , the Eastern Bloc , and the Warsaw Pact . After the peak of Marxism–Leninism, when many communist states were established, the Revolutions of 1989 brought down most of

16352-448: The power to vote according to their best judgement or in the interest of their constituency. Scholar Daniel Nelson has noted: "As with the British parliament before the seventeenth-century turmoil secured its supremacy, legislative bodies in communist states physically portray the 'realm' ruled by (to stretch an analogy) 'kings'. Members of the assemblies 'represent' the population to whom the rulers speak and over whom they govern, convening

16498-436: The premise that the communist party is a vanguard of the proletariat and represents the long-term interests of the people. The doctrine of democratic centralism , developed by Vladimir Lenin as a set of principles to be used in the internal affairs of the communist party, is extended to society at large. According to democratic centralism, the people must elect all leaders, and all proposals must be debated openly, but once

16644-416: The road to communism", "to build the material and technical basis of communism" and "to perfect socialist social relations and transform them into communist relations" in the preamble. The people's democratic state was implemented in Eastern Europe after World War II. It can be defined as a state and society in which feudal vestiges have been liquidated and where the system of private ownership exists, but

16790-405: The security forces. By July 1957, about 30,000 square miles (approximately 78,000 km²) out of Malaya's total area of 50,850 square miles (approximately 130,000 km²) had been declared by the government as 'White Areas' – areas where the MPLA had essentially been eliminated and the Emergency Regulations withdrawn. In August 1957, Kuala Lumpur and district were declared 'White'. By mid 1958

16936-400: The socialist state is the last repressive state since the next stage of development is that of pure communism , a classless and stateless society. Friedrich Engels commented on the state, writing: "State interference in social relations, becomes, in one domain after another, superfluous, and then dies out of itself; the government of persons is replaced by the administration of things, and by

17082-451: The socialist state was necessary "in order to defend, to secure, and to develop relationships and arrangements advantageous to the workers, and to annihilate completely capitalism and its remnants." Ideology permeates these states. According to scholar Peter Tang, "[t]he supreme test of whether a Communist Party-state remains revolutionarily dedicated or degenerates into a revisionist or counterrevolutionary system lies in its attitude toward

17228-627: The sovereignty of Malay rulers and introduce a more restrictive citizenship scheme. In opposition to the Anglo-Malay constitution, the Malayan Democratic Union alongside other parties and organisations formed the All-Malaya Council of Joint Action (AMCJA), which styled itself the sole representative body of "domiciled Malays and non-Malays", and sought to engage in direct negotiations with the British government for

17374-408: The state to oppress other classes and form a class dictatorship. However, the goal of the communist state is to abolish that state. The Soviet Russia Constitution of 1918 stated: "The principal object of the Constitution of the R.S.F.S.R., which is adapted to the present transition period, consists in the establishment of a dictatorship of the urban and rural proletariat and the poorest peasantry, in

17520-407: The state-owned enterprises in the field of industry, transport, and credit eclipse it. In the words of Eugene Varga , "the state itself and its apparatus of violence serve the interests, not of the monopolistic bourgeoisie, but of the toilers of town and country." Soviet philosopher N. P. Farberov stated: "People's democracy in the people's republics is a democracy of the toiling classes, headed by

17666-426: The term socialist republic into its name during this period; it had become a people's republic in 1948, but the country had not used that term in its official name. Albania used both terms in its official name from 1976 to 1991. The concept of the national-democratic state tried to theorize how a state could develop socialism by bypassing the capitalist mode of production . While Vladimir Lenin first articulated

17812-408: The theory of non-capitalist development, the novelty of this concept was applying it to the progressive elements of the national liberation movements in the Third World . The term national-democratic state was introduced shortly after the death of Stalin , who believed colonies to be mere lackeys of Western imperialism and that the socialist movement had few prospects there. The countries where

17958-402: The three races of Malaya. Road or rail ambushes were favoured by the guerrillas, averaging about 17 per month from September 1949 to February 1950, and 56 per month from then until September 1950, peaking at 100 in the latter month. To prevent peasants, particularly squatters, from aiding the guerrillas, the British commenced relocation, which became a major component of British strategy under

18104-529: The unitary legislatures often have a similar structure to the parliaments in liberal republics , with two significant differences. First, the deputies elected to these unitary legislatures are not expected to represent the interests of any particular constituency but rather the long-term interests of the people as a whole; and second, against Karl Marx 's advice, the unitary legislatures of communist states are not in permanent session. Instead, they convene once or several times yearly in sessions that usually last only

18250-521: The universal laws governing human history towards communism. In Foundations of Leninism (1924), Joseph Stalin wrote that "the proletariat [working class] needs the Party first of all as its General Staff, which it must have for the successful seizure of power. [...] But the proletariat needs the Party not only to achieve the [class] dictatorship; it needs it still more to maintain the [class] dictatorship." The current Constitution of Vietnam states in Article 4 that "[t]he Communist Party of Vietnam ,

18396-519: The universal truths of Marxism–Leninism and reject other notions of socialism such as African socialism . The socialist-oriented states had seven defining features, namely, they were revolutionary democracies, had a revolutionary-democratic party, class dictatorship, defense of the socialist-oriented states, had organs of socialisation, initiated socialist construction, and the type of socialist-oriented state (either national-democratic or people's democratic). The political goal of revolutionary democracy

18542-503: The vanguard of the Vietnamese working class, simultaneously the vanguard of the toiling people and of the Vietnamese nation, the faithful representative of the interests of the working class, the toiling people, and the whole nation, acting upon the Marxist–Leninist doctrine and Ho Chi Minh 's thought, is the leading force of the state and society." In a similar form, the Chinese Communist Party (CCP) describes itself as "the vanguard of

18688-400: The wartime role of the army was praised. Six thousand eight-hundred soldiers were officially disbanded, but a proportion of weapons were withheld, particularly handguns. The party was still not legal but able to operate without repression. The MCP adopted a 'National Front' policy, building a broad coalition to work for national independence within legal means. Due to bad economic conditions,

18834-627: The wing of the Kuomintang, the MCP was able to operate more easily. Anti-Japanese sentiment among Malayan Chinese gave the party a great opportunity to recruit members and raise funds under the banner of defence of China. At this time, the party was infiltrated by an apparent British agent, Lai Teck , who became its Secretary-General in April 1939. Despite this severe security breach, the Party continued to operate effectively. By mid-1939 it claimed about 40,000 members, about half in Singapore. The MCP

18980-478: The working class, a broad and full democracy for the overwhelming majority of the people, that is, a socialist democracy in its character and its trend. In this sense, we call it popular." The people's republican state is a socialist state with a republican constitution. Although the term initially became associated with populist movements in the 19th century, such as the German Völkisch movement and

19126-498: The world are in China , Cuba , Laos , Vietnam , and North Korea (DPRK) . These communist states often do not claim to have achieved socialism or communism in their countries but to be building and working toward the establishment of socialism in their countries. The preamble to the Socialist Republic of Vietnam's Constitution states that Vietnam only entered a transition stage between capitalism and socialism after

19272-534: Was Czechoslovakia, where it had a president and not a collective head of state. Another exception was in Bulgaria, where the State Council was empowered to instruct the Council of Ministers. In every communist state, the judicial and procuratorial bodies are organs of the legislature. For instance, China's Supreme People's Court is the "legislative organ of governance that manages the judicial system in

19418-495: Was abandoned after mass deaths, and the government instead adopted strategy of offering the aborigines' aid and building forts in aborigine territory. In July 1955 Malaya's first general elections took place, with Tunku Abdul Rahman becoming Chief Minister. One of his first acts was to declare a partial amnesty. The amnesty remained in place until 8 February 1956 but resulted in only 73 surrenders. On 24 September 1955 Chin Peng wrote to Rahman offering to negotiate peace. This

19564-675: Was accepted and on 17 October two government representatives, Too Joon Hing, an Assistant Minister of Education, and I.S. Wylie, the Deputy Commissioner of the Federation police, met Chin Peng and another member of the MCP Central Executive Committee at Klian Intan . Two further meetings followed in November. On 24 December the MCP released a new 'Eight Point Program' which called for an end to

19710-422: Was also common in the early years. As a military strategy, these restrictive measures were highly successful. By 1953 the MPLA was often short of food and its numbers declined. Faced with failure to establish any 'Liberated Areas', MCP renewed its work with trade unions and political parties. The MPLA, for its part, began to increasingly rely on Malaya's aboriginal population for support. Internment of Aborigines

19856-487: Was arrested by the Japanese and became their agent. On 1 September 1942, acting on his information, the Japanese launched a dawn raid on a secret conference of more than 100 MCP and MPAJA leaders at the Batu Caves just north of Kuala Lumpur , killing most. The loss of personnel forced the MPAJA to abandon its political commissar system, and the military commanders became the heads of the regiments. Following this setback

20002-538: Was constitutionally powerful, it lacked enforcement powers, it was often ignored, and it failed to defend the constitution during the coup against Mikhail Gorbachev . The Chinese leadership has argued against establishing any corresponding constitutional supervisory committee due to their association with the failed communist states of Europe. None of the surviving communist states (China, Cuba, Laos, and Vietnam) have experimented with constitutional supervision committees or constitutional supervision of any kind outside

20148-485: Was dubbed the Malayan People's Anti-Japanese Army (MPAJA) and began sabotage and ambushes against the Japanese. The Japanese responded with reprisals against Chinese civilians. These reprisals, coupled with increasing economic hardship, caused large numbers of Malayan Chinese to flee the cities. They became squatters at the forest margins, where they became the main source of recruits, food, and other assistance for

20294-435: Was filled by the MPAJA. In many places, especially Chinese areas, they were greeted as heroes as they emerged from the forest. The British recognised the MPAJA's authority, paying its soldiers for the role in the reoccupation. The guerrillas, meanwhile, seized Japanese arms and recruited freely, forming an 8th Regiment and lifting their armed strength over 6,000. At the same time they launched reprisals against collaborators in

20440-574: Was headed by a Central Executive Committee of twelve to fifteen members. About six of these were appointed to the Political Bureau ( Politburo ) which ran the party when the C.E.C was not in session. Each State had State Central Executive Committee and was in turn subdivided into several Districts. The smallest unit of organisation was the Party cell, which typically consisted of the members from one workplace or village. Large Party Congresses were held on an occasional basis. On 8 December 1941,

20586-467: Was introduced in all communist states. The Supreme Soviet convened twice a year, usually for two or three days each, making it one of the world's first frequently-convened legislatures during its existence. The same meeting frequency was the norm in the Eastern Bloc countries and modern-day China. China's legislature, the National People's Congress (NPC), is modelled on the Soviet one. As with

20732-454: Was not until the spring of 1945, however, that significant amounts of material began to arrive by air drop. Japan's surrender on 15 August 1945 caught the combatants in Malaya by surprise. The first British contingent of reoccupation troops did not arrive until 3 September; Singapore was reoccupied only on the 8th. The Japanese garrison withdrew from the countryside, leaving a power vacuum that

20878-573: Was represented by Chin Peng , the Secretary-General, Rashid Maidin and Chen Tien , head of the MCP's Central Propaganda Department. On the other side were three elected national representatives; Tunku Abdul Rahman , chief minister of the Federation, Dato Tan Cheng-Lock, President of the MCA , and David Marshall, Chief Minister of the Colony of Singapore . Chin Peng wanted legal recognition of

21024-586: Was responsible for formulating defence policies. The party leader was ex officio the Chairman of the Council of Defense. Below the Council of Defense, there was the Main Military Council which was responsible for the strategic direction and leadership of the Soviet armed forces. The working organ of the Council of Defense was the General Staff tasked with analysing military and political situations as they developed. The party controlled

21170-636: Was successfully eliminated by the British who wished to confine the insurgency to the Chinese community. A civilian organisation called the Min Yuen supported the MPLA, collecting supplies and information. The MPLA lived in jungle or forest camps similar to—or even the same as—to those which the MPAJA had used. By mid 1950 they, with the help of the Min Yuen, had acquired uniforms. These were of either khaki or jungle green British pattern. The MPAJA and MPLA usually wore three stars on their caps, signifying

21316-434: Was the first to experiment with constitutional supervision when it established a Constitutional Committee in 1965. It was elected by the legislature, and leading jurists sat on the committee, but it was only empowered to advise the legislature. Keith Hand has commented that "[i]t was not an effective institution in practice", being unable to prevent Nicolae Ceausescu 's emasculation of Romania's Great National Assembly after

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