PART IV: CONSTITUTION

1. Definition
2. Background
3. Importance
4. Amendment
5. Main provisions
6. Federal-State relation
CONSTITUTION
 Definition
 Supreme law of the country
 A document that contains the highest laws of the country
 Types
 Written: formal (approve by legislature), man made law.
 Unwritten: custom, religious principles.
Constitution
Content of the constitution
Constitution is divided into 15 Parts and 13 Schedules.
There are 230 articles in the 15 parts such as;
 Part I – The States, Religion and Law of the Federation
 Part II – Fundamental Liberties
 Part III – Citizenship
 Part IV – The Federation
 Part V – The States
 Part VI – Relations Between the Federation and the States
 Part VII – Financial Provisions
 Part VIII – Elections
 Part IX – The Judiciary
Constitution
Main Features of Constitution
1. Malaysia is a Federation
2. Malaysia is a constitutional Monarchy
3. Malaysia is a country that practices parliamentary
democracy
4. Religious freedom with Islam as the official religion
of Malaysia
5. Supremacy of the Constitution and the rule of law
Constitution
Importance
Ensure administrative continuity & political stability.
Avoiding irregularity or abuse of power
Protect fundamental right (freedom, individual liberty
etc.)
Loyalty to the country
Preserve special right for bumiputra.
Constitution
Constitution
 Amendments of constitution
1. 2/3 majority in parliament + approval from Ruler
Council.
 Official language or religion, bumiputra right, ruler etc.
2. 2/3 majority in parliament + approval from YDN
(Governor) of Sabah or Sarawak.
 Anything that are related to the right or position of people in
Sabah or Sarawak.
3. 2/3 majority in parliament.
 Anything that are not included in mode no 1, 2 & 4.
4. Simple majority.
 Election, new territory entry.
Constitution
Main Provision in the Constitution
1) National Language
- Malay language as a National language
2) Religion
- Article 3(1) clarifies Islam as a National Religion. Other
religions may be practiced in Malaysia (profess,
practise, propagate. Muslim=deviational law
3) Fundamental Liberties
- Freedom of speech
- Personal Freedom (Internal Security Act)
- Economic Freedom
Constitution
4) Special Provision under Article 153
-Malays and indigenous people in Sabah and Sarawak
5) Citizenship
- Special status held by the people who have the right to
be in a country
- Ways of acquiring citizenship (Citizenship Rule 1964)
1) Jus Soli- Law of birthplace
- People born in Malaysia before & after Independence Day
2) Jus Sanguinis – Law of blood descent
- Lies solely on the citizenship status of the father
Constitution
3) Legal Marriage & registration
-wife & child of a citizen
4) Application
- Aged 21 and above
- Resided more than 10 years
-Good character
- can speak Malay
DISTRIBUTION OF LEGAL POWERS BETWEEN FEDERAL AND STATE GOVERNMENTS

FEDERAL LIST STATE LIST CONCURRENT LIST

Public Works Turtles and River Fishing Homeless and Petty Traders

Trade and Commerce Investigation for State Public Health

Purposes
Shipping, Communication   Cleanliness and Disease
& Transport Prevention
Education, Health, Labour   Housing

Media and Censorship   Sports and Culture

Co-operatives    
Investigation and Inquiry    

Orang Asli Welfare    

Constitution
Constitutional Amendments
The process in Constitutional Amendments
Internal Security Act Amendments
Universities and University Colleges Act (UUCA)
Amendments
Peaceful Assembly Act

Constitutional Issues and Crisis

Tun Salleh Abas Issues
The Royal Crisis
 Case study: Events that led to judicial crisis of 1988
1. The judicial crisis was sparked off in 1988 when the then Prime
Minister Datuk Seri Dr Mahathir Mohamad tabled a Bill in
Parliament to amend Articles 121 and 145 of the Federal Constitution.
2. The Bill sought to divest the courts of the “judicial power of the
Federation”, giving them only such powers as Parliament granted
them. The Attorney-General was also empowered to determine
venues for cases.
3. Tun Salleh Abas, who was the Lord President then, made a statement
defending the judiciary’s autonomy.
4. He also convened a meeting of 20 Supreme Court judges in Kuala
Lumpur and a decision was made to address a confidential letter to
the Yang di Pertuan Agong and various state rulers.
5. The letter read: “All of us are disappointed with the various
comments and accusations made by the honourable prime minister
against the judiciary, not only outside but within the Parliament.”
6.
Cont...
Two months later, Salleh was suspended and High Court of Malaya Chief
Justice Tan Sri Abdul Hamid Omar was appointed acting Lord President.
7. Salleh was brought before a tribunal for misconduct. In response, he filed
a suit in the High Court challenging the constitutionality of the tribunal.
8. Five judges of the Supreme Court convened and granted Salleh an
interlocutory (interim) order against the tribunal. This order was later set
aside and in August 1988, Salleh was officially removed from the post of
Lord President. The five Supreme Court judges who granted Salleh the
interlocutory order – Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe
Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan
Suleiman Pawan Teh and Datuk George Seah – were suspended.
9. In October, Wan Sulaiman and Seah were sacked while the other three
judges were reinstated. In August 2006, the Bar Council called for a
review of the sacking of Salleh, Seah and Wan Sulaiman. In March 2008,
newly-appointed de facto Law Minister Datuk Zaid Ibrahim said the
Federal Government must make an open apology to those victimised by
the judicial crisis in 1988 that had led to the sacking of Salleh.
(Source: The Star, 2008)
 The Royal Crisis
The 1993 amendments to the Constitution of
Malaysia was passed by the parliament with the aim of
removing legal immunity of the royalty.
The changes, which saw the amendments of Articles 32, 38,
42, 63, 72 and 181 in the constitution
A special parliamentary session was held on 10 December
1992 which saw all 96 members of the HOR present to pass
a unanimous resolution to curb the powers of the rulers if
necessary.
A ruler's session was held on 16 January 1993, the following
year, which requested the government for additional time for
consideration of the government's decision.
 The Royal Crisis
The Dewan Rakyat passed its implementation on 8
March 1993, while the Dewan Negara approved of its
implementation on 30 March.
Seven messages from the Malay’s
Rulers
The messages was willed by the Malay Rulers when
they signed the agreement on the formulation of the
Federation of Malaya Constitution on 5th August
1957.
The messages promised the citizens in this land
prosperity, peace and harmony if they were united and
upheld these principles.
The messages were:
 a. This country were named the Federation of Malaya (later known as
 Malaysia.
 b. The preservation of Malay reserved land up to 50%.
 c. The establishment of the Royal Malay Regiment.
 d. The sovereignty of Malay rulers was guaranteed.
 e. Islam was declared as the religion of the federation.
 f. Bahasa Melayu was declared as the national language.
 g. Malay rulers will protect the special rights of the Malays, and
special position of the bumiputeras is Sabah and Sarawak.
 The interpretation was later on stipulated in the Federal
Constitution and its amendment requires the consent from all of the
Malay rulers.