FEDERAL CONSTITUTION

 Explain the accommodation process in

Federal Constitution.

 Explain the importance of traditional

elements and social cohesiveness in
Malaysian context.

 Analysis the rational of traditional elements.

Introduction

Freedom of religion
and equality

Definition &
concept of
constitution
Discrimination and
article 153

History of federal
constitutional.

Article 20 and
article 18

6.4 Traditional
elements in
Constitution
 Each county has its own constitution.

 In Malaysia, the rights of all citizens are

protected by legal provision in the constitution

 Example:

1) Islam is the religion of federation but other

religious can be practiced.

2) Malay language is the official language but other

language can be practiced.
 A set of rules on the rights, power and
procedures, and responsibilities of the
parties who are in control of the affinity
between authorities, and also the ties
between the authorities and public.

 A policy or formula that states the public

roles in a nation and how they are delegated
and administered.
 Malaysian Constitution is made up of:
i. 15 Bills
ii. 183 Articles
iii. 13 Schedules

 It contains the powers of the executive,

legislative & justice.

 It is also includes the status of Islam,

citizenship, national language, special rights
of the Malays and natives Sabah/Sarawak, etc.
 The constitution is a nation’s source of
highest rule of law.

 It functions as the guide in enacting laws

whether by the government or the people.

 It is generally divided into two types:

 First: written constitution

 Second: unwritten constitution
 Written Constitution : Legislative laws that is
combined and organized as one document.

 Unwritten Constitution : all constitutional

principles that is not organized in a
document like the acts passed by the
parliament and verdicts of courts.

 Malaysia adopts the written constitution,

where the legislative, justice and executive
bodies assume power from the constitution.
 Article 159 (4):

 any amendment to these provisions requires

a two-thirds majority in Dewan.

 Example: the rules concerning the election

and retirement of its members.
 Article 161 (E)

 any amendment to these provisions requires

a special two-thirds majority in Dewan plus
the consent of the Conference of Rulers and
of the Governors of Sabah and Sarawak.

 Example : Special position of Bumiputera and

immigration
 Article 159 (5)

 any amendment to these provisions requires

a special two-thirds majority in Dewan plus
Majlis Raja-raja (Conference of Rulers).

 Example: The special position and privileges

of the Malays and natives of Sabah and
Sarawak, language and religion.
 Before the existence of federal constitution,
there are several constitution such as Hukum
Kanun Melaka, Undang-undang Laut Melaka
and Batu Bersurat Terengganu.

 This followed by Johor and Terengganu

Constitution which focused on the criteria of
minister selection.
 After the surrender of Japan, British came
back to the Malay Peninsular, and the British
Parliament passed the bills to establish
Malayan Union on 10 October 1945.

 Sir Harold Mac Michael was appointed as the

British representative to obtain the approval
of the Malay kings.
1. All the Malay states except Singapore were
united under the administration of the British
Governor, who was aided by the Federal
Executive Council and Judiciary Council.

2. Singapore was made a separate colony.

3. The Malay Kings’ sovereignty was abolished.

4. Jus Soli was introduced.

1. To unite the states and improve the
efficiency of managing the administration.

2. British held a grudge against the Malays as

they were accused of cooperating with the
Japanese, hence they believe that Malayan
Union could decrease the powers of the
Malays, especially the kings.

3. It was the British’s aim to let the locals

administer their own country.
1. The Malay Kings’ authority was abolished from the
state’s administration.

2. Singapore was separated from Malayan Union and

remained a British colony.

3. Citizenship status was granted based on the Jus Soli

principle.

4. The equal rights means that the indigenous people

did not receive any special privileges.

5. Sir Harold Mc Michael threatened the Malay Kings in

getting their signatory.
 Malayan Union was still proclaimed on 11
April 1946 with Sir Edward Gent as the first
governor.

 The Malays boycotted the official

proclamation and the British finally relented
and replaced Malayan Union with the Malaya
Federation.

 British realized that without the Malay’s

support, Malayan Union would not succeed.
 The British established a working committee - 4
Malay royal representatives, 2 UMNO stalwarts and 6
British officers.

 The committee responsibility : form a new legislation

that is acceptable to the Malays.

 Then, the British formed a Committee in December

1947 that comprised of Europeans, Chinese and
Indian, to determine the non-Malays’ opinions about
the Constitution of the Federation.

 The Federation of Malaya was proclaimed on 1

February 1948
 Constitution of the Federation of Malaya was
drafted by the Reid Commission which was
established in 1956.

 Membership: Lord Reid (British), Sir Ivor Jennings

(British), Sir William Mckell (Australia), B. Malik
(India) and Hakim Abdul Hamid (Pakistan).

 The Commission met between June and October

1956, and received 131 memoranda from various
individuals and organizations
 London Agreement considered:
◦ The establishment of a strong central
government.
◦ The safeguarding of the position and prestige of
Their Highness as constitutional Rulers of their
respective States.
◦ A Head of State and known as Yang di Pertuan
Agong.
◦ The safeguarding of the special position of the
Malays and the legitimate interests of other
communities.
◦ A common nationality for the whole of the the
Federation.
 The Working Committee is chaired by MacGillivar
and Tunku Abdul Rahman (Umno), Datuk Abdul
Razak (Umno), Ong Yoke Lin (MCA) and VT
Sambathan (MIC), Mustapha Albakri, Shamsuddin
Nain, Tunku Ismail Tunku John and Neil Lawson.
Other members of the General Secretary, Sir
David Watherston, Attorney General, TVA Brodie
and EO Laird act as Secretary.

 The Reid Commission’s proposals, as amended,

became the constitution for the federation, which
proclaimed its independence on 31 August 1957
Monarchy religion

Special Rights of
Language Malay & native
Sabah & Sarawak
 King has the absolute power in government and
state administrations assist by the dignitary.

 In the 19th century, The British installing

“residents” as advisors to the rulers and held
power in everything except in religion affairs and
Malay customs.

 After independence, Malaysia practices the

constitutional monarchy and parliamentary
democracy at two levels:
 Federal level: executive power of the Federal
government is vested in the Yang di-Pertuan
Agong and is exercised by him on the advice
of the federal Council of Ministers.

 State level: King rules and acts on the advice

of the State Executive Council (EXCO).

 Malay and Islamic Law based constitutional

institution.
 Yang di-Pertuan Agong is formally elected to a five-
year term by and from among the nine Rulers of
the Malay states (hereditary royal rulers), who form
the Conference of Rulers (Majlis Raja-raja).

 Commander-in-Chief of the Federation's Armed

Forces

 Symbol of the unity of the country.

 Symbol of the wisdom and fairness.

 Symbol of civilization dignity and pride of people.

 Islam is the religion of the federation.

 Stated in article 3 and should be read with

article 8, 11,12, 121and 150

 Article 3: Islam is the religion of the

federation but other religion may be practised
in peace and harmony in any part of
federation
 Under Article 152, the Malay language has
been declared to be the national language.
However, it is also provided that except for
official purposes no person shall be
prohibited or prevented from using, teaching
or learning any other language.
 Article 153(1) of the Federal Constitution
enjoins affirmative action in favour of
“Malays” and the “natives of Sabah and
Sarawak”. It states that “it shall be the
responsibility of the Yang di Pertuan Agong
to safeguard the special position of the
Malays and native of any of the states of
Sabah and Sarawak and the legitimate
interest of other communities.”
 Religion • There should be no state religion in North
Borneo

•Malay should be the national language of the Federation

Language but English should continue to be used without
limitation of time.

• Constitution of the Federation of Malaya as the

Constitution basis of the Constitution of Malaysia but should
be drafted with the involvement of all states.
 •Control over immigration into any part of Malaysia from

Immigration outside should rest with the Central Government but

entry into North Borneo should also require the approval
of the State Government.

Financial •North Borneo should retain control of its own finance

Bumiputera •Principle the indigenous races of North Borneo should

enjoy special rights analogous to those enjoyed by
Sabah Malays in Malaya.
 Appreciate the existing constitutions in order
to achieve the social cohesiveness.