1.

You have been invited to address a group of Malaysian students who are
studying in London who want to know whether there is rule of law in
Malaysia and whether there are protections of basic fundamental liberties
in Malaysia. Prepare and write the speech you propose to deliver.

Good morning my fellow Malaysian friends in London,

Thank you for inviting me to introduce the rule of law in Malaysia and the
protections of basic fundamental liberties in Malaysia. Similar to almost all
countries, Malaysia is ruled using the Federal Constitution. The Malaysian
Federal Constitution is the supreme law in Malaysia. The doctrine of rule of law
in Malaysia is deeply entrenched in the Federal Constitution and is thoroughly
applied in Malaysia. The doctrine of rule of law is the legal principle that law
should govern a nation, as opposed to being governed by subjective decisions
of individuals or government officials. In other words, the rule of law suggests
that law has the highest position in the country or the jurisdiction, and every
individuals including the King, that is, in this case, the Yang Di-Pertuan Agong
of Malaysia, is below the rule of law, the Federal Constitution. The status of
Federal Constitution is stated clearly in Article 4 of the Federal Constitution.
Just as said earlier, the Article 4 (1) states that:
This Constitution is the supreme law of the Federation and any law
passed after Merdeka Day which is inconsistent with this Constitution
shall, to the extent of the inconsistency, be void.
Since the Federal Constitution is the supreme law in Malaysia, it has provided
fundamental liberties to all the citizens within the jurisdiction of the
Constitution. The fundamental liberties provided under Federal Constitution is
also protected by the Federal Constitution, unless the individual violates and
abuse the liberties granted.
The fundamental liberties are provided in Part II, in Article 5 to Article
13 of the Federal Constitution, under the following headings:
Article 5 Liberty of the person
Article 6 Slavery and forced labour prohibited
Article 7 Protection against retrospective criminal laws and repeated trials
Article 8 Equality
Article 9 Prohibition of banishment and freedom of movement
1

Article 10 Freedom of speech, assembly and association

Article 11 Freedom of religion
Article 12 Rights in respect of education
Article 13 Rights to property
Generally, the fundamental liberties that the Constitution provides states that:
1. No person shall be deprived of his life or personal liberty save in
accordance with law.
2. Unlawfully detained person shall be released after complaint is made
to a High Court or any judge, with the exception that the detention is
justified.
3. No person shall be held in slavery.
4. All forms of forced labour are prohibited, but Parliament may by law
provide for compulsory service for national purposes.
5. No person shall be punished for an act or omission which was not
punishable by law when it was done or made, and no person shall suffer
greater punishment for an offence than was prescribed by law at the
time it was committed.
6. All persons are equal before the law and entitled to the equal protection
of the law.
7. Except as expressly authorized by the Constitution, there shall be no
discrimination against citizens on the ground only or race, religion,
descent, place of birth or gender in any law
8. There shall be no discrimination in favour of any person on the ground
that he is a subject of the Ruler of any State.
9. No citizen shall be banished or excluded from the Federation.
10. Every citizen has the right to freedom of speech and expression.
11. All citizens have the right to assemble peaceably and without arms.
12. All citizens have the right to form associations.
13. Every person has the right to profess and practice his religion.
14. There shall be no discrimination against any citizens on the grounds
only of religion, race, descent, or place of birth in the administration of
any educational institution.
15. No person shall be required to receive instruction in or to take part in
any ceremony or act of worship of a religion other than his own.
2

16. No person shall be deprived of property save in accordance with law.

The above statements are the fundamental liberties provided by the Federal
Constitution in general. However, there are also stated restrictions and
exceptions to them if they are found to be violated or abuse by any individuals.
For this, I would like to conclude by restating that the rule of law in Malaysia is
integrated within the Federal Constitution, which is also the supreme law in
Malaysia that provides fundamental liberties to all individuals under the
jurisdiction of the Constitution.
Thank you.

2. One main feature of the Federal Constitution is the creation of Malaysia as

a federal state. Explain what do you understand by the concept of a federal
state and describe how federalism is practiced in Malaysia as provided for
in Federal Constitution.
The concept of federal state originates from the concept of federalism.
Federalism refers to the mixed or compound mode of government, combining a
general government or the central or federal government, with regional
governments such as provincial government or state government, in a single
political system. In other words, federal state is a form of government in which
political power is divided and shared between two levels of government, that is,
a central government and several provincial or state governments. Federal
systems of government have a written and rigid constitution to avoid disputes
between the two tiers or levels of government. There are many countries in the
world practicing the concept of federalism such as Malaysia, the United States,
Canada, Brazil, Russia, etc.
The federalism practiced in Malaysia is regarded by many as a
federalism that is highly centralized, in which the federalism gives the federal
government not only the most legislative and executive powers but also the most
important sources of revenue. State governments are excluded from the
revenues of income tax, export, import and excise duties, and they are also
largely restricted from borrowing internationally. They have to depend on
revenue from forestry, lands, mines, petroleum, the entertainment industry, and
finally, transfer payments from the central government.

The relationship between the federal government and state governments

in Malaysia is stated explicitly in the Federal Constitution as well. The Article
74 of the Constitution which constitutes the subject matter of federal and State
laws, states that:
(1) Without prejudice to any power to make laws conferred on it by any
other Article, Parliament may make laws with respect to any of the
matters enumerated in the Federal List or the Concurrent List (that
is to say, the First or Third List set out in the Ninth Schedule).
(2) Without prejudice to any power to make laws conferred on it by any
other Article, the Legislature of a State may make laws with respect
to any of the matters enumerated in the State List (that is to say, the
Second List set out in the Ninth Schedule) or the Concurrent List.
The Ninth Schedule of the Federal Constitution generally sets the
legislative power of both federal government and states government. The
schedule is expanded in three lists, that is, Federal List, State List, and
Concurrent List.
The Federal List, as stated in Article 74 (1), are the list of matters under
the legislative powers of federal government, exercised by the Parliament. The
Federal List covers matters such as:
1. External affairs,
2. Defence of the Federation,
3. Internal security,
4. Civil and criminal law and procedure and the administration of
justice,
5. Federal citizenship and naturalization; aliens,
6. The machinery of government, subject to the State List,
7. Finance,
8. Trade, commerce, and industry,
9. Shipping, navigation and fisheries,
10. Communications and transport,
11. Federal works and power,
12. Surveys, inquiries, and research,

13. Education,
14. Medicine and heath including sanitation in the federal capital,
15. Labour and social security,
16. Welfare of aborigines,
17. Professional occupations other than those specifically enumerated,
18. Holidays other than State holidays; standard of time,
19. Unincorporated societies,
20. Control of agricultural pests; protection of such pests; prevention of
plant diseases,
21. Newspapers; publications; publishers; printing and printing presses,
22. Censorship,
23. Subject to item 5(f) of the State List: theatres; cinemas;
cinematograph films; places of public amusement,
24. Co-operative societies,
25. Tourism,
26. Subject to item 9A of the Concurrent List, prevention and
extinguishment of fire, including fire services and fire brigades.
The State List, as stated in Article 74 (2), are the list of matters under
the legislative powers of state government, exercised by the State Legislative
Assemblies. The State List covers matters such as:
1. Islamic law and personal and family law of persons professing the
religion of Islam,
2. Land including,
(a) Land tenure, relation of landlord and tenant; registration of titles
and deeds relating to land; colonization, land improvement and
soil conservation; rent restriction;
(b) Malay reservations or, in the States of Sabah and Sarawak, native
reservations;
(c) Permits and licences for prospecting for mines; mining leases
and certificates;
(d) Compulsory acquisition of land;
(e) Transfer of land, mortgages, leases and charges in respect of land;
easements; and
5

(f) Escheat; treasure trove excluding antiquities.

3. Agriculture and forestry, including
(a) Agriculture and agricultural loans, and
(b) Forests
4. Local government, including
(a) Local administration; municipal corporation; local town and
rural board and other local authorities; local government services,
local rates, local government elections;
(b) Obnoxious trades and public nuisances in local authority areas;
(c) Housing

and

provision

for

housing

accommodation,

improvement trusts.
5. Other services of a local character, that is to say,
(a) (Repealed)
(b) Boarding houses and lodging houses;
(c) Burial and cremation grounds;
(d) Pounds and cattle trespass;
(e) Markets and fairs; and
(f) Licensing of theatres, cinemas and places of public amusement.
6. State works and water,
7. Machinery of the State Government, subject to the Federal List,
8. State holidays
9. Creation of offences in respect of any of the matters included in the
State List or dealt with by State law, proof of State law and of thing
done thereunder, and proof of any matter for purposes of State law.
10. Inquiries for State purposes,
11. Indemnity in respect of any of the matters in the State List or dealt
with by State law,
12. Turtles and riverine fishing.
The Concurrent List, as stated in Article 74 (1) and (2), are the list of
matters under the legislative powers of both the federal government and state
government, exercised by both the Parliament and State Legislative Assemblies.
The Concurrent List covers matters such as:

1. Social welfare; social services subject to Lists I and II; protection of

women, children and your persons.
2. Scholarships.
3. Protection of wild animals and wild birds; National Parks.
4. Animal husbandry, prevention of cruelty to animals; veterinary
services; animal quarantine.
5. Town and country planning, except in the federal capital.
6. Vagrancy and itinerant hawkers.
7. Public health, sanitation (excluding sanitation in the federal capital)
and the prevention of diseases.
8. Drainage and irrigation.
9. Rehabilitation of mining land and land which has suffered soil
erosion.
9A. Fire safety measures and fire precautions in the construction and
maintenance of building.
Above are the clear application of federalism in Malaysia, as stated by the
Federal Constitution in its Article 74 and Ninth Schedule. However, theoretically,
federalism is meant to provide self-rule at the state level and shared-rule between the
Centre and the states, so that the country may gain from the right balance between
diversity and national integration and between sub-national competitiveness and equity.
In practice, the over-concentration of power at the Centre has denied Malaysia much of
the governance benefit from diversity and competition, given little room for local
innovation, initiatives and accountability. This has arguably contributed at least
partially to deterioration of education quality, under-developed infrastructures and
under-cultivated potentials in most states and chronic communal tension over rigid
national policies.