2011100700101805-Constitution of Malaysia(Dr Sultana)

8/2/2019 2011100700101805-Constitution of Malaysia(Dr Sultana)

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Main Topics of the Discussion

What is a constitution

Forms of Constitution

Special provision in the constitution

Role of the constitution in promoting unity

in Malaysia

Fundamental Liberties


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Constitution

The term constitution comes from the

Latin word Constitutio, meaning

establishment .

Some scholars use the Greek word Poleteia,

which means basically any forms of

government


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Definition of Constitution

In general, a constitution is a set of rules for

government and people which can be written or

unwritten documents.

A constitution consists of basic principles that

determine how a country is established and

governed by laws, customs or rules general

accepted.


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Types of Constitution

The two forms of constitution are:

(a) Written constitution; and (b) Unwritten constitution


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Written Constitution

Written constitution is a form of constitution

which is gathered and compiled into a

document.

It is fixed and difficult to be modified.

In written constitution, parliament has the

power to make laws .


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Written Constitution

Parliament is forbidden from making laws

contradictory to freedom of rights.

Courts have the power to interpret laws and

protect the constitution.


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Unwritten Constitution

All principles of the constitution which are

not compiled in a document.

For example, the Act of Parliament and court

decisions.

Malaysia practices a written constitution

where the Parliament derives power from the

constitution.


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Constitution of Malaysia

Malaysia is a constitutional monarchy

It means that His Majesty the Yang Di Pertuan Agong, theKing of Malaysia is not only our Supreme Head of State, but

also a symbol of unity among all Malaysians.

The constitution of Malaysia touches on various aspects ofgovernance such as freedom of rights, religion, citizenship,

judiciary and many more.


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Special Provision in the Constitution

Malaysia as a Federation

Malaysia as a Constitutional Monarchy

Malaysia as a country that practices a democratic parliamentary

system

Malaysia as a country that practices freedom of religion with Islam

as the official religion

The supremacy of the constitution and laws

National language, citizenship, and special rights of Bumiputras and

pribumis in Sabah and Sarawak.


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What is Fundamental Liberty?

Fundamental liberties are rights and freedoms

that people should have as human beings.

Some fundamental liberties are mentioned in

the Constitution which are guaranteed and

cannot be taken away from us unless the

Constitution itself allows it.


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Fundamental Liberties

Right to Life and Liberty

No Slavery

Equality

Prohibition of Banishment and Freedom of

Movement

Freedom of Speech, Assembly and Association

Freedom of Religion

Rights in respect of Education


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Right to Life and Liberty (Article 5 )

Article 5 enshrines a number of basic fundamentalhuman rights:

no person may be deprived of life or personal libertyexcept in accordance with law.

a person who is unlawfully detained may be releasedby the High Court .

a person has the right to be informed of the reasons ofhis arrest and to be legally represented by a lawyer ofhis choice.

a person may not be arrested for more than 24 hourswithout a magistrate's note that once a person isformally charged, permission.


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Article 6 - No Slavery

No one can be made a slave or forced to work.

However, Parliament may make laws to

require Malaysians to provide compulsory

national service. Work or service required

from a person who is convicted of a crime is

not considered forced labour.


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Article 7 Protection against retrospective criminal laws

and repeated trials

No person shall be punished for an act oromission which was not punishable by law whenit was done or made.

No person shall suffer greater punishment for anoffence than was prescribed by law at the time itwas committed.

A person who has been acquitted or convicted of

an offence shall not be tried again for the sameoffence except where a retrial is ordered by acourt.


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Article 8 - Equality

All persons are equal before the law and

entitled to the equal protection of the law

(Article number: 8)

There shall be no discrimination in favour of

any person on the ground that he is a subject

of the Ruler of the State. (Article number: 8)


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Article 9 - Prohibition of Banishment and

Freedom of Movement

A person cannot be punished for somethingwhich at the time when it was done was not anoffence.

If the punishment for a crime is increased, aperson who committed the crime before thepunishment was increased cannot be given thatincreased punishment.

A person who has been acquitted or convicted of

an offence shall not be tried again for the sameoffence, unless the conviction or acquittal isquashed (set aside) and a retrial is ordered


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Article 10 - Freedom of Speech, Assembly and

Association

Every citizen has the right to freedom of

speech and expression ( Article : 10)All citizens have the right to assemble

peaceably and without arms( Article : 10)


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Freedom of Religion (Article: 11)

Every person has the right to practice his or

her religion (Article : 11)


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Article 12 - Rights in respect of

Education

In respect of education, Article 12 provides

that there shall be no discrimination against

any citizen on the grounds only of religion,

race, descent or place of birth


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Article 13 - Rights to Property

Article 13 provides that no person may be

deprived of property save in accordance with

law. No law may provide for the compulsory

acquisition or use of property without

adequate compensation.


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Role of the Constitution in Promoting

Unity (cont)

The provision for Bahasa Melayu as the official language ofthe country (Article 152) also has leeway for the use ofother languages

The Yang di-Pertuan Agong protects the special rights of the

Malays, but the rights of non-Malay races are alsoprotected accordingly. These provisions create a form offair governance, without bias towards one race only.

All races have a place in the Malaysian constitution.


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Unity in Malaysia

The constitution plays an important role in

promoting unity in Malaysia:

Although the constitution states that Islam is

the official religion of the Federation all other

forms of religion are allowed to be freelypracticed in Malaysia.


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Unity (cont)

Every citizen, regardless if ruler or civilian, has to havecontrol of his or her movements. The constitution of theFederation of Malaysia not only provides powers to theruling body, but also to the citizens through freedom of

rights. The constitution plays an important role in determining the

direction the countrys administration takes. In fact, the

constitution itself is fundamental in the forming ofdemocracy in Malaysia


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Role of the constitution in promoting

unity (cont)

From the overall discussion, we can say that theConstitution is the basis of the countrys laws,

It plays an important role in promoting the equalityamong all races in Malaysia.

Through the Constitution, each citizen, whether partof the ruling body or as a civilian, is entitled to his orher rights and appropriate protection.

The constitution plays an important role inpromoting unity.

2011100700101805-Constitution of Malaysia(Dr Sultana)

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