The Supremacy of the Constitution

ClickMalaysian Constitution began with the Federation The to edit Master subtitle style of Malaya Constitution drawn up for independent Malaya

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When the Malayan Union was dissolved, a new constitution known as the Federation of Malaya Constitution was drawn up and came into effect on 1 February 1948 The Malaysian Constitution which came into effect on 16 September 1963 is based on the Federation of Malaya Constitution with some amendments made to incorporate 5/19/12

Commission)

The Constitution has special status and is the only institution or source of legislation that is permanently supreme The Parliament of Malaysia does possess unlimited power like in Britain because it is given power by a written constitution
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Its situation is consistent and firm

The Malaysian Constitution allocates power to the federal and state levels The authority and responsibility at each level is clear At the Federal level, Parliament is a legislative body with powers to make laws (acts) while at the state level, the State Legislative Assembly is empowered to make laws 5/19/12 (enactments)

The Constitution also states very clearly that there are areas of common legislation, and this is embodied in Schedule 9 of the Joint List Both legislative bodies are empowered to make laws and these laws are legal as recorded in the provisions embodied in the Constitution itself 5/19/12

the Constitution, the court has the power to annul Parliament or DUNs action that is outside the limits of their power

This is what we mean by the constitution being the countrys supreme source of legislation The court acts as a body that controls and safeguards the 5/19/12 supremacy of the Constitution

However, Parliament also has the power to amend laws that have been made, following the powers determined by the Constitution, while the Constitution is generally supreme in terms of giving power (legislation) to Parliament, the State Legislative Council or the court Thus the other bodies are only supreme in certain matters as 5/19/12

The position of the YDP Agong is supreme as clearly stated in the Constitution, but not overriding the Constitution: His Majesty is the chief head of state and the object of every citizens allegiance and obedience The YDP Agong symbolizes the nation His Majesty is a component of

1.

2.

3.

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4. His Majesty is the supreme commander of the armed forces 5. His Majesty appoints the Chief Justice and the judges of the courts to carry out justice on his behalf and to decide on any conflict in the laws 6. All officially government actions and execution of the countrys regulations are carried out in the name of the YDP 5/19/12 Agong

Although the YDP Agong has a special position and actually represents all official institutions and actions of the government, the Constitution determines that His Majesty is a constitutional monarch The limit to the powers of the YDP Agong is clearly spelt out in the coronation oath which is determined by the Constitution 5/19/12

advice of the Prime Minister, who is also guided by the principles of the Constitution

This method is called the doctrine of power separation

The Content of the Constitution

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To meet the demands of a

Constitution whose main features are as follows:

1. 2.

Malaysia is a federation Malaysia is a constitutional monarchy Malaysia is a country that practises parliamentary democracy

3.

4.

Religious freedom with Islam as the official religion of Malaysia 5/19/12

5. Supremacy of the Constitution and the rule of law 6. Doctrine of the separation of power in which the judiciary, the legislative and the government has each its freedom to carry out its different functions with no conflict of interest 7. Validity and transparency of the Judiciary with exclusive powers subject 5/19/12 to the provisions of

the Constitution 8. National language, citizenship and the special rights of the Malays and the native tribes of Sabah and Sarawak

The Malaysian Constitution contains 15 sections, 183 Clauses or Articles and 15 Schedules

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Uniqueness of the Malaysian Constitution

The Malaysian Constitution covers all the legislative, government and judiciary aspects and has special provisions for application in a country with a diversity of races and religions It is complete and comprehensive as reflected in its thickness and meticulous details It is not just fully equipped to meet 5/19/12 needs of an independent country, the

unique

The most unique is the practice of constitutional monarchy under the Federal Section The concept of chief head of state with the status of a king (YDP Agong) is unusual and is chosen by the Malay Rulers by rotation for a period of 5 years
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The YDP Agong besides fulfilling three functions is also an important member of the Council of Rulers Another unique feature is it comprises the chapters that apply specifically to Sabah and Sarawak These special features are to adapt to conditions of physical structure and population composition resulting 5/19/12 from

historical development as set out below:

1.

The royal system that existed since many centuries The position of the states that normally have their own autonomy and strength

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3.

The formation of a plural society that started with the bringing in of 5/19/12 Indians and Chinese by the British

which diversifies further the composition of the local population and interests

It is this background among other things that constituted the basis of the Reid Commission for the Constitution of the Federation of Malaya and the Cobbold Commission for a new constitution for Malaysia Adjustments such as those in

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certain matters including the question of relation between the Federation and Sabah and Sarawak

For it to become fair and practical source of legislation everybody must be ready to accept it Many people of all races and positions gave their views and suggestions before the constitution 5/19/12 drafted was

Constitutional Amendments

The Malaysian Constitution is not set and rigid; its alive and functions at all time Like in other countries, the Constitution can be amended through the process of Parliament (Article 159 and 161E) Some views are criticisms against constitutional amendments saying 5/19/12 that since it was drafted after

confidence and respect for the constitution and subsequently for the executive

However, no country is in fact static without change; what more at this age of globalization With todays many changes, a countrys system of government needs constant adjustment
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The Malaysian Constitution has

amendments so that adjustment can be made legally following the relevant provisions

Generally the reasons and rational for making constitutional amendments are: To maintain efficient management of the countrys administration such as standardizing the regulations of land 5/19/12 matters in the states of the

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2. To control the countrys peace as happened several times to the regulations relating to the Internal Security Act 3. So that the peoples interests can be protected if it is found that the present laws are not satisfactory

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