The Federal Constitution of Malaysia, which was approached into influenced in

the year 1957, was the famous law of Malaysia. The Federation was firstly named
as The Federation of Malaya and was approved as its current name, Malaysia,
when the states of Sabah, Sarawak and Singapore joined in with the Federation.
The Constitution presented as a constitutional realm by having the Yang diPertuan Agong as the Head of State whose positions are mostly ceremonial. It
stipulates for the authorities and the orderliness of the three main branches of
the government which is the dual legislative branch called the Parliament, which
contains of the House of Legislatures and the Senate (Dewan Negara). The
decision- making branch guided by the Prime Minister and his Cabinet Ministers
also the legal branch controlled by the Federal Court.
A constitutional symposium was detained in London from 18 January to 6
February 1956 listed by an allocation from the Federation of Malaya, consisting of
four representatives of the Rulers, The Chief Minister of the Federation (Tunku
Abdul Rahman) and three other ministers, and also by the British High
Commissioner in Malaya and his consultants.
The conference suggested the appointment of a commission to invent a
constitution for the fully self- governing and impartial Federation of Malaya. This
proposal was accepted by Queen Elizabeth II and the Malay Rulers. Therefore,
pursuant to such contract, the Reid Commission, consisting of constitutional
experts from fellow Commonwealth countries and led by Lord (William) Reid, a
characterized Lord-of-Appeal-in-Ordinary was appointed to make endorsements
for an appropriate constitution. The report of the Commission was finalized on 11
February 1957. The report was then inspected by a functioning gathering chosen
by the British Government, the Conference of Rulers and the Government of the
Federation of Malaya and the Federal Constitution was sanctioned on the root of
its endorsements.
The Constitution became into force on the 27 th of August 1957 however
authorized independence was only achieved on 31 August. This constitution was
modified in 1963 to declare Sabah, Sarawak and Singapore as additional
associate states of the Federation and to make the determined vagaries to the
constitution that were firm out in the Malaysia Agreement, which included
unreliable in the name of the Federation to Malaysia. Thus, validly speaking the
organizations of Malaysia did not establish a new country as such but was
contained the enhancing of a new limb states of the Federation made created by
the 1957 constitution, with a change of name.
The sources of written law comprise the following. The Federal Constitution is the
supreme law of Malaysia. It is a written constitution. It stipulates the powers of
the Federal and State Governments and provides for a democratic system of
government. It also establishes a constitutional monarchy and entrenches
fundamental liberties of the individual. To ensure that the Federal Constitution is
not easily amended, a special majority of two-thirds of the total number of
members of the legislature is required for an amendment, The State
Constitutions - Each of the 13 states of Malaysia has its own State Constitution.
These contain provisions pertaining to state matters as provided under the
Federal Constitution. The State Constitutions deal largely with land matters,
agriculture, forestry, local government and Islamic law, Legislation - This

comprises the laws passed by Parliament as well as the State Legislative

Assemblies. The laws passed by Parliament since 1957 (i.e. after Malayas
independence) are called Acts while those passed by the State
Legislative Assemblies (except Sabah and Sarawak) are called Enactments. The
laws passed in Sabah and Sarawak are called Ordinances, Subsidiary legislation
- This refers to the rules, regulations, by-laws, orders and other instruments
made by a person or body in accordance with the powers delegated to him/it
under an enabling legislation. Such legislation is an increasingly important
source of law because Parliament and the State Legislatures lack the time and
expertise to deal with specific technical details.

The sources of unwritten law comprises the following. English common law and
the rules of equity - This is also a very important source of Malaysian law.
Sections 3(1) and 5(1) of the Civil Law Act 1956 specifically permit the reception
of English common law and equity in Malaysia subject to the limitations
contained therein. However, the reception of English law and equity are subject
to certain general exceptions. In particular, English law may only be applied
where (1) there is no local law governing the matter and (2) if it is suitable to the
local circumstances, judicial precedents. - This refers to the law as developed
through cases decided in the superior courts. Sometimes referred to as judgemade law, it is another very important source of law. Under the doctrine of
binding judicial precedent, which is also observed in Malaysia, the decisions of
the higher courts must be followed by the lower courts in similar cases. This
generally ensures a fair and uniform application of the law, Islamic law. This is
another important source of Malaysian law, particularly in matters relating to
marriage, divorce and inheritance among Muslims. It is only applicable to
Muslims. Islamic law is administered at State levels by a separate system
of courts called the Syariah courts, Customs. This refers to the customs of the
local inhabitants which have been accepted as law. It mainly relates to family
matters, e.g. marriage, divorce and inheritance. Generally, the customs of
Chinese and Indians relating to marriage and divorce are no longer of much
importance since the passing of the Law Reform (Marriage and Divorce) Act
1976, which abolished polygamous marriages among them. However the
customary laws of the Malays (also called adat law) and in East Malaysia, native
customary law, continue to be important.
The founding of the Constitution of Malaysia was consigned on 10 September
1877. It began with the first meeting of the Council of State in Perak, there was
arguments raised at the silver division and there was peace in the state. King
Abdullah (supposed to be throne as Sultans after the dead of Sultan Ali) had
sought help from the Governor of the Straits Settlements, Andrew Clarke to
recognize him as Sultan of Perak from the British. Andrew Clarke assume this is
an opportunity for British control of Perak then approve the application of King
Abdullah and consult on Pangkor Island. Among the dignitaries present were Raja
Abdullah, Dato 'Sagor and Ngah Ibrahim. On the 20th January 1874, the Pangkor
Engagement was signed as a result of the consultation. Under the terms of the
Pangkor Engagement of 1874 between the Sultan of Perak and the British, the
Sultan was obliged to accept a British Resident. The first Hugh Low, the second
British Resident, convinced the Sultan to set up advisory Council of State, the
Forerunner of the state legislative assembly. Similar Councils were constituted in
the other Malay states as and they came under British protection.

Initially playing an advisory role, the purpose of the council was later lengthy to
comprise both lawmaking and exclusive functions. This was sustained until 1948
when the Federation of Malaysia was started by two contracts specifically the
State Agreement and the Federation of Malaya Agreement.
The State Agreement was of huge importance to Malaysias constitutional
growth. By asset of this agreement, the Malay Rulers with the recommendation
and agreement of the traditional chiefs and elders of the states declared their
own State Constitutions excluding for Johor and Terengganu where Constitutions
had already been in place since 1895 and 1911 respectively. The Rulers were
also were obligated to differentiate the judicial power in their respective states
from the exclusive power, by constituting a governmental body, called the
Council of State Executive Council whose advice he was required to obtain.
The Federation of Malaya Agreement that functioned as the essential for the
existing centralized scheme of central government was finished as a cooperation
to the much-opposed Malayan Union. The Federation resided of the Federated
Malay States (FMS), the Undefeated Malay States and the Straits Settlements of
Penang and Melaka. The FMS consisted of Perak, Selangor, Pahang and Negeri
Sembilan while the non-FMS were Kedah, Perlis, Kelantan, Terengganu and Johor.
The federal government comprised the High Commissioner, an Executive Council
and Legislative Council. The agreement also provided for a Conference of Rulers
with its own elected chairman. Each of the states had its own Executive Council
and Council of States to deal with all matters not specifically reserved to the
Federation. The Federal Government was responsible for defense, the police, and
the railways, labor, broadcasting, post and finance. This 1948 Constitution
remained in force with some essential amendments, until 1957 when the
Federation of Malaya gained its independence.
A constitutional session was held in London from 18 January to 6 February 1956
when the British assured Independence and self-government to the Federation of
Malaya. It was attended by a delegation from the Federation of Malaya,
consisting of four envois of the Malay Rulers, the Chief Minister of the Federation
(Tunku Abdul Rahman) and three other ministers, and also by the British High
Commissioner in Malaya and his advisers.
The conference suggested the selection of a commission to plan a constitution
for a fully self-governing and impartial Federation of Malaya. This proposal was
putative by Queen Elizabeth II and the Malay Rulers. Therefore, pursuant to such
agreement, the Reid Commission, consisting of constitutional experts from fellow
Commonwealth countries and headed by Lord William Reid, a distinguished Lordof-Appeal-in-Ordinary, was employed to make recommendations for a proper
constitution. The report of the Commission was finalized on 11 February 1957.
The report was then examined by a working party appointed by the British
Government, the Conference of Rulers and the Government of the Federation of
Malaya and the Federal Constitution was enacted on the basis of its
endorsements .

The Constitution came into force on 27 August 1957 but official independence
was only attained on 31 August though the constitutional machinery devised to
bring the new constitution into force consisted of (1)In the United Kingdom, the
Federation of Malaya Independence Act 1957, together with the Orders in Council
made under it. The Federation of Malaya Independence Act, 1957 passed by the
British Parliament gave parliamentary approval to Her Britannic Majesty Queen
Elizabeth II to terminate her sovereignty and jurisdiction in respect of the Straits
Settlements of Melaka and Penang and all powers and jurisdiction in respect of
the Malay States or the Federation as a whole, (2)The Federation of Malaya
Agreement 1957, made on 5 August 1957 between the British High
Commissioner on behalf of Queen Elizabeth II and the Malay Rulers. The
Agreement contained the new Constitution of the Federation of Malaya (and the
new constitutions of Penang and Melaka), (3)In the Federation, the Federal
Constitution Ordinance 1957, passed on 27 August 1957 by the Federal
Legislative Council of the Federation of Malaya formed under the Federation of
Malaya Agreement 1948. The new constitutions of the Federation as well as
Penang and Melaka were given the force of law by the Ordinance and lastly (4)In
each of the Malay states, State Enactments, and in Melaka and Penang,
resolutions of the State Legislatures, approving and giving force of law to the
federal constitution.
The Federal Constitution was meaningfully amended when Sabah, Sarawak, and
Singapore combined the Federation to form Malaysia in 1963

Throughout its history, the Malay Peninsular has been occupied by many
countries with different religions, cultures and constitutional traditions. These
include Portugal (1511-1641), Holland (1641-1826), Britain (1824-1948) and later
Japan, (1941-1945).These occupations in turn also impacted its political and
constitutional development over the years. However, its first true constitutional
charter was not written until 1957 when the British - who had regained the
territory in 1948 following Japanese expulsion at the end of World War II - agreed
with the Malay States to create the Federation of Malaya. An independent
Multinational Commission, set up during the London Constitutional Conference of
1956, drafted the document, which took effect on 31 August 1957. Except for a
brief period in 1969 when race riots resulted in its suspension, this constitutionthough amended several times remains the fundamental framework of the
country to date.
Malaysia is officially a constitutional monarchy, with power divided between the
Monarch, the Conference of Rulers, the cabinet, the bicameral Legislature, the
Prime Minister, and the Judiciary. The Constitution also creates a federal system
in which power is shared by the national and state governments. There are some
concurrent powers and areas of jurisdiction, as well as some exclusive powers,
although any power not specifically granted to the federal government is left to
the states.

SUMMARY
Throughout its history, the Malay Peninsular has been occupied by many
countries with different religions, cultures and constitutional traditions. These
include Portugal (1511-1641), Holland (1641-1826), Britain (1824-1948) and later
Japan, (1941-1945).These occupations in turn also impacted its political and
constitutional development over the years. However, its first true constitutional
charter was not written until 1957 when the British - who had regained the
territory in 1948 following Japanese expulsion at the end of World War II - agreed
with the Malay States to create the Federation of Malaya. An independent
Multinational Commission, set up during the London Constitutional Conference of
1956, drafted the document, which took effect on 31 August 1957. Except for a
brief period in 1969 when race riots resulted in its suspension, this constitutionthough amended several times remains the fundamental framework of the
country to date.
Malaysia is officially a constitutional monarchy, with power divided between the
Monarch, the Conference of Rulers, the cabinet, the bicameral Legislature, the
Prime Minister, and the Judiciary. The Constitution also creates a federal system
in which power is shared by the national and state governments. There are some
concurrent powers and areas of jurisdiction, as well as some exclusive powers,
although any power not specifically granted to the federal government is left to
the states.

Reference
-: http://en.wikipedia.org/wiki/Article_160_of_the_Constitution_of_Malaysia