PowerPoint Presentation

Version Date [March 2015]

MALAYSIAN CONSTITUTION by Mohamed Abdi Mohamed

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Federation of Malaya31 Aug 1957The Federation was established on this day.

Federation of MalayaThe Federation was initially called the Federation of Malaya (Persekutuan Tanah Melayu).

JohorKedahKelantanMelakaNegeri SembilanPahangPulau PinangPerakPerlisSelangor Terengganu

Malaysia16 Sept 1963The Federation was enlarged with 3 new member states, Sabah, Sarawak and Singapore.

MalaysiaAt the same time, its name was changed to Malaysia.

+ Sabah+ Sarawak+ Singaporeleft the Federation in 1965

The Constitution is the SUPREME LAW of Malaysia

Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. Article 4(1).

Any court or tribunal applying the provision of any law in operation immediately before 31 Aug 1957 may apply it with such modifications as may be necessary to bring it into accord with the Constitution. Article 162(6).

Malaysia is a CONSTITUTIONAL MONARCHY

Head of StateFive-year reignAdviceThe Yang di-Pertuan Agong (King) is Malaysias Constitutional Head of State. He is elected by the Conference of Rulers, by rotation, from the Rulers of the nine Malay States.Each King is electedfor a five year reignThe King exercises his executive powers on the advice of the Cabinet, except on limited matters.

The three branches of government are theLEGISLATUREEXECUTIVEJUDICIARY

The Legislature make laws.

The Executive administers the laws.

The Judiciary interpret the laws.

Legislative Power

ParliamentArticle 44The Malaysian parliament is a bi-cameral legislature:

Dewan NegaraThe Dewan Negara (the Senate) is the upper houseDewan RakyatThe Dewan Negara (House of Representatives)is the lower house

PARLIAMENT BUILDING, KL

Executive PowerArticles 39 - 40King acting on cabinet adviceExecutive authority is vested in the King but, as a constitutional monarch, he must act in accordance with the advice of the Cabinet, except on certain limited matters such as the giving of consent to the early dissolution of Parliament.

Judiciary PowerArticles 121 131AThe judiciary deals with all civil and criminal matters, other than those which are under the Syariah courts.The Federal Court is the highest civil court. It has the power to determine Constitutional issues.

Federal Court

Court of AppealHigh CourtsSubordinate CourtsPALACE OF JUSTICE, PUTRAJAYA

The constitution providesFUNDAMENTAL LIBERTIES

Article5 Liberty of the person6 Slavery and forced labour prohibited7 Protection against retrospective criminal laws and repeated trials8 Equality9 Prohibition of banishment and freedom of movement10 Freedom of speech, assembly and association11 Freedom of religion12 Rights in respect of education13 Rights to property

Federal Goverment

Federal List State List Concurrent List Article 74 of Federal Constitution :State GovermentFederal + State Goverment

External affairsNational defenceInternal securityCitizenshipEtc.Islamic lawLandAgriculture and forestryLocal servicesEtc.

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