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What is the term ‘constitution’ mean and which apply to the Malaysian Constitution

- A body of legal and non legal rules governing a State

- A written document with special legal status that establishes the State and outlines its structures and powers

Both apply to Malaysian Constitution as it is a written constitution

What happened in 1955

First federal elections held; the Alliance Party (UMNO-MCA-MIC) won 51/52 seats
- Tunku Abdul Rahman became the Chief Minister
- He led a delegation London to negotiate for Independence

What happened in 1956

The ‘Reid Commission’ was formed to draft the federal constitution
- It consisted of 5 international experts chaired by Lord Reid
- The draft constitution was reviewed by a Working Party including Malay rulers, the Alliance, and the British

What happened on 31 August 1957

Federation of Malaya achieved independence with a written constitution
- Leaders of Malaya and Singapore proposed the idea of Malaysia
( including Singapore, Sabah and Sarawak)
- A referendum was held in Singapore
- A Cobbold Commission assessed support in Sabah and Sarawak

What happened in 1963

Malaysia Agreement
- Signed by Malaya, UK, Singapore, Sabah, and Sarawak
- The Malaysia Act 1963 was passed and the Constitution amended
- The Constitution was modified after Singapore left

When was Malaysia officially formed

16 September 1963

When did Singapore left Malaysia

9 August 1965

Features of the Federal Constitution

1) Written Constitution
2) Supremacy of the Constitution
3) Constitution creates organs of Government
4) Constitution Monarch
5) Fundamental liberties

What is the ‘Official Religion' Doctrine

The Constitution declares Islam to be the official religion of the federation but allows other religions to be practiced in peace and harmony in any part of the federation
- Article 3(1) only provides for Islam to be the religion of the Federation and not to establish an Islamic State

What is the ‘Supremacy of the Federal Constitution’ Doctrine

- Used as a yardstick to measure validity of all other laws
- Any laws after Merdeka Day which is inconsistent with the Federal Constitution may be challenged in court
- Supremacy of the Federal Constitution is maintained by giving courts the right to review legislative and executive acts
- When a legislative and executive act violate the Federal Constitution, the court may declare it void

What is the ‘Constitution Monarch’ Doctrine

- The Yang di-Pertuan Agong is the Head of State and Head of Islam in his state and in Penang, Malacca, Sabah, Sarawak and Federal Territories

- The YDPA is elected by the ‘Conference of Rulers’ from among the 9 Malay Rulers for a 5 year term, based on rotation system

- The YDPA is also the Supreme Commander of armed forces

The YDPA generally acts on advice of the Prime Minister or Cabinet for:

- Appointing Judges
- Appointing/ Dismissing Cabinet Ministers (Except PM)
- Proclaiming State of Emergency

The YDPA may act on his own discretion for:

- Appointing the PM ( must be someone likely to command majority support in the Dewan Rakyat)

- Refusing a request to dissolve Parliament
- Calling a Conference of Rulers meeting on matters concerning the Monarchy privileges and honours

What is the ‘Parliamentary Democracy’ Doctrine

The Federal Constitution established a Parliamentary Democracy
- Citizens vote in general elections to choose their government

- Elected representatives form the Parliament which has powers to make laws, impose taxes, Approve public spending .. etc

- The Majority Party forms the government, which needs the support of the Parliament

- If government loses majority support, the PM must resign, and a general election will be held to elect a new government

What is the ‘Fundamental Liberties’ Doctrine

- The fundamental rights of an individual are guaranteed by the Federal Constitution

- Some Liberties are absolute while other are subjected to various qualifications

List of Fundamental Liberties

1) Right to life and liberty
2) Rights of Education
3) Rights of property
4) Freedom of speech, assembly and association
5) Freedom of movement
6) Freedom to slavery and forced labour
7) Freedom of religion
8) Equality before law
9) Protection against retrospective criminal laws & repeated trials

What is the ‘Balanced Approach’ Doctrine

Article152(1), The National Language shall be the Malay Language and shall be in such script as Parliament may by law provide

a) No other person shall be prevented from using ( otherwise than for official purposed), or from teaching any other language.

b) Nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation

Article 153(1), It shall be the responsibility of the YDPA to safeguard the special position of the Malays and natives of any of the states in Sabah and Sarawak and the legitimate interest of any other communities in accordance with the provisions of this article

3 Branches of Government

- Legislature
- Executive
- Judiciary

What are the roles of Legislature

To legislate, ammend or repeal law
There are 2 legislative authorities = Federal level - Parliament
State level- State legislative Assembly

What list can the legislative authorities make laws on

Parliament - Federal List & Concurrent list

State Legislative Assemblies - State List & Concurrent list

What does the Parliament consists of

- YDPA

- Senate ( Dewan Negara)

- House of Representatives ( Dewan Rakyat)

Structure of Senate

Total members = 70

40 - appointed by YDPA
26 - elected by State Legislative Assemblies ( 2 per state)
4 appointed by the Federal territories ( KL, Labuan, PutraJaya)

Eligibility - Malaysian Citizen aged 30 or above
Term - 3 years
Limit - Serve no more than 2 terms

Structure of House of Representatives

Total members = 222 MP

Members are elected by people during general elections

Each member represents 1 parliamentary constituency

Eligibility - Malaysian citizen aged 18 or above
Term - 5 years, unless Parliament is dissolved earlier

A person cannot become a member of Parliament (MP), or Senator if person is :

- Is of unsound mind

- Is a bankrupt

- Holds an office of profit

- Spends more money than what is allowed under the law of his election campaign

- Is found guilty of an offence where punishment is imprisonment of 1 year or more / a fine of rm2000 or more

- Becomes a citizen of another country

Events during vacancy in the Senate or House of Representatives

- Happens if an MP or Senator dies, resigns or is disqualified

- Vacancy must be filled within 60 days

- A new MP must be elected by-election,
A new Senator must be elected by the State or appointed by YDPA

What are the roles of Executive

The Executive governs the country according to laws made by the Parliament.

What does the Executive consists of

- YDPA
- Prime Minister
- Cabinet
- Public Services

What is the Prime Minister

- Head of the Government

- The YDPA appoints the PM, acting at his discretion
- The PM must be a member of House of Representatives who is likely to command majority support in the House

What is the Cabinet

- Highest Policy-making body in Malaysia

- Consists of Ministers who manage and oversee the functions of various government ministries

- All Cabinet members must be members of the Parliament either from Senate or House of Representatives

- Ministers are appointed by the YDPA on the advice of the PM

What are Public Services

Members of public that are responsible for the day-to-day running of the ministries and government departments, they do not change with the government

What does the Public Services consists of

-Police Forces

- Armed forces

- Education Services

What is the role of the Judiciary

Protect the supremacy of the Constitution

The Constitution set up the

- Federal Court
- Court of Appeal
- High Court

What are the 2 High Courts in Malaysia

High Court in Malaya (For Peninsular Malaysia)
High Court in Sabah and Sarawak (For East Malaysia)

Status of powers of both high courts

Both courts have equal status and are part of the part of the superior courts under the Federal Constitution

The constitution also sets up special courts for the YDPA and other rulers

What other inferior courts are there

- Session courts
- Magistrate courts
- Penghulu courts
- Industrial courts

What are Syariah courts

Have exclusive jurisdiction over Islamic matters

What is the exclusive authority of the judiciary

Only the judiciary can interpret the Constitution and decide if laws or executive actions are constitutional
This allows the Judiciary to check abuses of power and safeguard the fundamental rights