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8/9/2019 Pp_constitution of m'Sia

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THE CONSTITUTION OF

MALAYSIA


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THE INTRODUCTION

ABOUT CONSTITUTION


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CONSTITUTION

A constitution is a set of rules for government-

often codified as a written document-that

enumerates and limits the powers and functions

of a political entity.

In the case of countries and autonomous regions

of federal countries the term refers specifically to

a constitution defining the fundamental politicalprinciples, and establishing the structure,

procedures, powers and duties, of a government.


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CHARACTERISTICS OF

CONSTITUTION enerally, every modern constitution confers

specific powers to an organization or institutionalentity, established upon the primary condition

that it abides by the said constitution'slimitations.

An example from the constitutional law of nation-states would be a provincial government in afederal state trying to legislate in an area

exclusively enumerated to the federalgovernment in the constitution, such as ratifyinga treaty.


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GOVERNMENTAL

CONSTITUTIONS the term constitution refers to a set of rules

and principles that define the nature andextent of government.

Most constitutions seek to regulate therelationship between institutions of the state,in a basic sense the relationship between theexecutive, legislature and the judiciary, butalso the relationship of institutions withinthose branches.


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The following are features of democratic

constitutions that have been identified :

CODIFICATION

A fundamental classification is codification or lack of

codification. A codified constitution is one that is

contained in a single document, which is the single

source of constitutional law in a state. An uncodified

constitution is one that is not contained in a singledocument, consisting of several different sources, which

may be written or unwritten.


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ENTRENCHMENT

The presence or lack of entrenchment is a fundamental

feature of constitutions.

An entrenched constitution cannot be altered in any wayby a legislature as part of its normal business concerning

ordinary statutory laws, but can only be amended by a

different and more onerous procedure.

There may be a requirement for a special body to be set

up, and the proportion of favorable votes of members of

this body may be required to be higher to pass an

amendment than for statutes.


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CONSTITUTION OF

MALAYSIA


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INTRODUCTION

The Federal Constitution ofMalaysia is the supreme law ofMalaysia.

The 1957 Constitution of the Federation ofMalaya is thebasis of this document.

It establishes Malaysia as a constitutional monarchy havingthe Yang di-Pertuan Agong as the Head of State whose rolesare largely ceremonial.

It provides for the establishment and the organization ofthree main branches of the government:

The bicameral legislative branch called the Parliament, whichconsists of the House ofRepresentatives and the Senate

The executive branch led by the PrimeMinister and consists ofCabinetMinisters

The judicial branch headed by the Federal Court.


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HISTORY OF THE MALAYSIAN

CONSTITUTION A constitutional conference was held in

London from 18 January to 6 February 1956

attended by a delegation from the FederationofMalaya, consisting of four representatives

of the Rulers, the ChiefMinister of the

Federation (Tunku Abdul Rahman) and three

other ministers, and also by the British High

Commissioner in Malaya and his advisers.


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The Constitution ofMalaya was drafted based

on the advice of the Reid Commission which

conducted a study in 1956. The Constitution

came into force on 27 August 1957. Formal

independence was only achieved on 31

August however.


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The Constitution ofMalaya (with significant

amendments) was used as the basis for the

Constitution ofMalaysia when Malaya, Sabah,

Sarawak, and Singapore merged to form

Malaysia in 1963.


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AMENDMENTS OF THE

MALAYSIAN CONSTITUTION Some articles may be amended only by a two-

thirds majority in each House of Parliamentbut only if the Conference ofRulers consents.

These include: Amendments pertaining to the powers of sultans

and their respective states

The status ofIslam in the Federation

The special position of the Malays and the nativesof Sabah and Sarawak

The status of the Malay language as the officiallanguage


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AMENDMENTS OF THE

MALAYSIAN CONSTITUTION Some articles may be amended only by a two-

thirds majority in each House of Parliamentbut only if the Conference ofRulers consents.

These include: Amendments pertaining to the powers of sultans

and their respective states

The status ofIslam in the Federation

The special position of the Malays and the nativesof Sabah and Sarawak

The status of the Malay language as the officiallanguage


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Some articles of special interest to East Malaysia,may be amended by a two-thirds majority in eachHouse of Parliament but only if the Governor ofthe East Malaysian state concurs. These include:

Citizenship of persons born before Malaysia Day. The constitution and jurisdiction of the High Court of

Borneo.

The matters with respect to which the legislature ofthe state may or may not make laws, the executive

authority of the state in those matters and financialarrangement between the Federal government andthe state.

Special treatment of natives of the state.


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ORGANIZATION OF THE

MALAYSIAN CONSTITUTION

The Constitution is divided into 15 parts and

13 Schedules. Each part and schedule contains

relevant articles. There are 230 articles in the15 parts, including those which have been

repealed.


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15 parts Part I - The States, Religion and

Law ofthe Federation

Part II - Fundamental Liberties

Part III - Citizenship

Part IV - The Federation

Part V - The States

Part VI - Relations Betweenthe

Federation andthe States

Part VII - Financial Provisions

Part VIII - Elections

Part IX - The Judiciary

Part X - Public Services

Part XI - Special Powers Against

Subversion, Organized Violence,

and Acts and Crimes Prejudicial

tothe Public and EmergencyPowers

Part XII - General and

Miscellaneous

Part XIII - Additional Protections

for StatesofSabah and Sarawak Part XIIII - Temporary and

Transitional Provisions

Part XIV - Savingfor Rulers'

Sovereignty, Etc.


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13 Schedules

First Schedule - Oath ofApplicationsfor RegistrationofNaturalization

Second Schedule - Citizenship ofpersonsbornbefore,on and after MalaysiaDay

Third Schedule - Election and removal ofthe Yangdi-Pertuan Agong and hisdeputy

Fourth Schedule - OathsofOffice ofYangdi-Pertuan Agong and hisdeputy

Fifth Schedule - The Conference ofRulers

Sixth Schedule - FormsofOaths and Affirmations

Seventh Schedule - Election and RetirementofSenators

Eighth Schedule - Provisionstobe insertedin State Constitution

Ninth Schedule - Legislative Lists (The responsibilities and rightsoftheFederal and State government)

Tenth Schedule - Grants and Source ofRevenue Assignedto States Eleventh Schedule - Provisionsofthe Interpretation andGeneral Clauses

Ordinance,1948 (Malayan Union Ordinance no. 7 of1948), AppliedforInterpretationofthe Constitution

Twelfth Schedule - (Repealed)

Thirteenth Schedule - Provisions Relatingto DelimitationofConstituencies

CONTINUE..


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NOTABLE ARTICLES IN

CONSTITUTION


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ARTICLE 5

The Constitution is divided into 15 parts and

13 Schedules. Each part and schedule contains

relevant articles. There are 230 articles in the15 parts, including those which have been

repealed.


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ARTICLE 6

Article 6 provides that no person may be held inslavery.

All forms of forced labour are prohibited, but

federal law may provide for compulsory servicefor national purposes.

It is expressly provided that work incidental toserving a sentence of imprisonment imposed by a

court of law is not forced to labour.

The National Service Act was drafted based onArticle 6.


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ARTICLE 8

Article 8 by clause (1) provides that all persons are equal

before the law and entitled to its equal protection.

Clause 2 states: Except as expressly authorized by this

Constitution, there shall be no discrimination against citizens

on the ground only of religion, race, descent, gender or place

of birth in any law or in the appointment to any office or

employment under a public authority or in the administration

of any law relating to the acquisition, holding or disposition of

property or the establishing or carrying on of any trade,

business, profession, vocation or employment.

The exception in clause 2 is used to justify the reservations

and special provisions for the Malays and the Bumiputera of

Sabah and Sarawak under Article 153.


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ARTICLE 10

Article 10 (1) guarantees the freedom of speech,the right to assemble peacefully and the right toform associations to every Malaysian citizen.

However, Parliament may by law imposerestrictions on these rights in the interest of thesecurity of the Federation, friendly relations withother countries, public order, morality; and

restrictions designed to protect the privileges ofParliament, to provide against contempt of court,defamation, or incitement to any offence.


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ARTICLE 11

Though Islam is the religion of the Federation,Article 11 provides that every person has theright to profess and practice his own religion.

Every person has the right to propagate hisreligion, but state law and, in respect of theFederal Territory, federal law may control orrestrict the propagation of any religion, doctrineor belief among persons professing the Muslim

religion. There is, however, freedom to carry on

missionary work among non-Muslims.


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ARTICLE 13

Article 13 provides that no person may be

deprived of property save in accordance with

law. No law may provide for the compulsory

acquisition or use of property without

adequate compensation.


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ARTICLE 32

Article 32 of the Constitution ofMalaysia provides for aSupreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all personsin the Federation and shall not be liable to any proceedingswhatsoever in any court.

The Consort of the Yang di-Pertuan Agong is to be calledthe Raja Permaisuri Agong shall take precedence next afterthe Yang di-Pertuan Agong over all other persons in theFederation.

The Yang di-Pertuan Agong is elected by the Conference of

Rulers for a term of five years, but may at any time resignhis office by writing to the Conference ofRulers or beremoved from office by the Conference ofRulers, and shallcease to hold office on ceasing to be a Ruler.


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DISCUSSION

when reviewingthe constitutionofMalaysia : we can learn aboutthe constitutionin Malaysia and

can learn about history other thanthat, we canidentify the constitutional

amendmentthatisin Malaysia

Can learn about history andthe amendmentin

Malaysia, alsocan listthe organizations Malaysianconstitution

as a whole,can know the problem thatoccurthrough the Notable Articles.


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CONCLUSION

Malaysia as a sovereign country having completeand detailed own constitution. However, sinceformation ofMalaysia Federal Constitution, this

constitution had several times amended. There could be criticism that constitution as a

important basic document and no need to beamended many times .

However, Malaysians required respect it. Thiscase are because, people bred to be respectfuland consider constitution as nation's supremelaws.

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