Page 70 - Malaysia 2016

2016

THE CONSTITUTION

The constitution of Malaysia is also known as the Federal Constitution. The
Malaysian Constitution is written legal document that was formed based on
the previous two documents namely the Federation of Malaya Agreement
1948 and the Independence Constitution 1957. The Malaysian Constitution was
enacted on the basis of advice from the Reid Commission which conducted a
study in 1956. The constitution takes effect immediately after Independence on
31 August 1957. The concepts of the constitution are as follows:-

}} The Federal Constitution is the supreme law;
}} Acts a source of all laws;
}} There is no institution in Malaysia to override the power and position of the

constitution;
}} All laws shall not be contrary to the constitution;
}} The Court has the authority to cancel or revoke any laws enacted by

Parliament if it is contrary to the constitution, and
}} Although the Yang Di-Pertuan Agong is the Head of state, but His Majesty

is also subjected to the constitution.

The constitution is formed with the following objectives namely:-

}} Creating a fair form of government
}} To avoid the abuse of power by the government
}} Controlling the movement of the government and the people
}} Tools to solve the problem
}} Ensuring the nation’s history; and
}} Ensuring peace and stability in the country

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

Part I : States, Religion and the Laws for the Federation
Malaysia is a Federation comprising thirteen states and three Federal Territories.
Islam is recognised 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 null and void.

Part II : Fundamental Freedoms
This part states the fundamental freedoms that we have; the right to live and
freedom; freedom from slavery and forced labor; equality before the law;
freedom of movement; freedom to speak, assemble and associate; freedom
of religion; the right to education; and the right to own property.

Part III : Citizenship
A person shall become a citizen of Malaysia by being; born here; married
a Malaysian male citizen or have a Malaysian father or mother and staying
legally in the country for a specified time. Part III also indicates how one may
be terminated and deprived of citizenship.