CONSTITUTION OF MALAYSIA

Constitution of Malaysia, also known as the Federal Constitution. Malaysian Constitution is a written legal document that formed the basis of two previous documents of the Federation of Malaya Agreement 1948 and the 1957 Independence Constitution Malaysian Constitution was drafted based on the advice of the Reid Commission had conducted a study in 1956 of the Constitution takes effect immediately after independence on August 31, 1957.





The concept of the height of the Constitution are as follows: - 


• Federal Constitution is the supreme law;
• Be a source of all law;
• There is no institution in Malaysia which can overcome the power and the Constitution;
• All laws can not be contrary to the Constitution;
• The Court has the authority to cancel any law passed by Parliament if contrary to the Constitution
• Although the Yang di-Pertuan Agong is the head of state, but he is also subject to the Constitution.


The Constitution established the following purposes, namely: - 


• Establish a fair form of government;
• Prevent the abuse of power by the government;
• Controlling the movement of government and people;
• tools to solve problems;
• Ensuring the history of nation states; and
• Ensuring the security and stability of the country.


Article 131 of the Malaysian Constitution contains a touching various aspects of the rule. The Constitution also contains 16 Part. The sections are: - 

Part I: The States, Religion and the Law for the Federal 
Malaysia is a federation which consists of thirteen states and three Federal Territories. Recognized Islam as the federal religion, but other religions may be practiced in peace and harmony. The Constitution is the supreme law of the federation. Any law that is not in accordance with the Constitution is invalid.

Part II: Human Rights 
This part sets out the fundamental freedoms that we have; the right to life and liberty; freedom from slavery and forced labor; equality before the law; freedom of movement; freedom of speech, assembly and associates; freedom of religion; right to education; and the right to own property.

Part III: Citizenship 
One is a citizen of Malaysia by way; was born here; married to a Malaysian man or have one parent citizen; stay legally in the country for a period of time. Part III also specifies how an
may terminate and deprived of citizenship.

Part IV: Federal 
This section provides a guide to the system of government in Malaysia. Head of federal Yang di-Pertuan Agong is elected by the Conference of Rulers for five years. Rulers composed of all the Kings states and also the President of the states that do not have a King. Part IV also created the Cabinet and the Prime Minister's Office. This section also establishes the parliament consisting of the Yang di-Pertuan Agong and the two Houses of Parliament, known as the House of Representatives and the Senate.

Part V: State-State 
Each state has its own constitution and legislature known as the State Legislative Assembly. State Assembly has the power to enact certain laws. Rulers and Yang Di-Pertua Negeri shall have the right and privilege respectively. Part VI: Relations with the States of the Federal Division state division of powers between the federal and the states. There are things that allow the Parliament to enact laws and there are things that allow the State Assembly to enact laws. There are certain things in which both can make laws.

Part VII: Financial Provisions 
Part VII states that the government can not impose taxes or spend money except by authority of law.

Part VIII: Elections 
Part VIII states our rights as citizens to vote for our leaders. Body assigned to conduct all elections and providing electoral known as the Election Commission. The Election Commission is appointed by the Yang di-Pertuan Agong.

Part IX: Judiciary 
Part IX establish the judicial system in Malaysia and express the things that can and can not be determined by the courts in Malaysia. Part IX also noted how the judges of the High Court, Court of Appeal and the Federal Court appointed.

Part X: Public Services 
This section identifies the civil service in Malaysia, including the police, military and educational services. It also includes members of the public service as a service to the ministry and federal governments and the states. Appointment, promotion and dismissal of civil servants is determined by the "Commissions" and members of the Commissions are generally appointed by the Yang di-Pertuan Agong. Part X also created the Office of the Attorney General.

Part XI: Special Powers Against Subversion, Organised Violence and Criminal Acts And Prejudicial to the Public and Emergency Powers. 
Parliament has the power to enact laws that can turn the other rights in the Constitution during an emergency or for reasons of public safety.

Part XII: General and Miscellaneous 
Malay is the national language. Yang di-Pertuan Agong is responsible for maintaining the special position of the Malays and natives of Sabah and Sarawak and the legitimate interests of the communities
other. This section also specifies how amendments can be made to the Constitution.

Part XIIA: Additional Protections For Sabah and Sarawak. 
There are special provisions for Sabah and Sarawak, for example reservation of land for the indigenous natives of Sabah and Sarawak.

Part XIII: Provisional and transitional 
This section explains how the law enacted before independence remains in force until Parliament enact a new law to replace them.

Part XIV: Exception To The Rule, etc.., & The Kings
Sovereignty, power, and authority perogratif Kings kept in Part XIV.

Part XV: Proceedings Against the Yang di-Pertuan Agong and the Rulers.
Under Part XV, proceedings by or against the Yang di-Pertuan Agong or the Rulers should be brought before the "Special Court".


ULASAN:

Malaysian Constitution has two documents Federation of Malaya Agreement 1948 and 1957 Independence Constitution of a document written law the 1957 Independence Constitution in force immediately after its independence on August 31 1957.Perlembagaan Federation is the supreme law plan in being the source of all law -undang.Tiada law can be countered by the Constitution and the courts have the power to cancel any law passed by Parliament if the conflict with Malaysia Perlembagaan.Di no other institution can overcome the power and the Constitution.

Source: Book of Malaysia in 2009, Official Year Book
Department of Information of Malaysia


DISEDIAKAN OLEH:NUUR QURRATU'AINI BINTI JAMIL