THE CONSTITUTION

INTRODUCTION

• Is the document that contains the highest law of the country

• Is the fundamental law from which the validity of all other laws derive and is superior to all other forms of laws

• The constitution contains laws that conform to the people’s wishes and the current situation

• Based on the Federation of Malaya 1957 – amended 16 September 1963

THE AIMS OF THE CONSTITUTION

• To ensure smooth administration and political stability

• To avoid abuse and misuse of authority by the legislative, executive and judiciary bodies

• To ensure fundamental rights and freedom• To ensure that citizens give undivided loyalty• To provide special rights for Bumiputra and

natives of any states of Sabah and Sarawak

Malaysian ConstitutionFederal List• Allocates the division of power between the

Federal and State Government• the Federal list sets out subjects on which only

the parliament can legislate • external affairs• defense• internal security• shipping• health• transport• finance and taxation• social security etc

State List• State list sets out subjects on which the

State Legislative Assemblies can legislate • Islamic Law• Malay custom• land and housing• state public holidays etc

• to ensure all state governments have autonomy on their civil service

Common List• The Federal and State have to work together in

certain areas that are of common interest:• Scholarship• Social welfare• Culture and sports• Protection of wild animals

NATIONAL LANGUAGE RELIGION

SPECIAL PRIVILEGES CITIZENSHIP

MAIN PROVISIONS IN THE CONSTITUTION

1. National Language• National language shall be the Malay

language • However no person shall be prohibited or

prevented from using any other language• English language may be used with YDPA

consent for official purposes

2. Religion• Islam is the official religion.• Other religions may be practiced in peace

and harmony

3. Special privileges• the Malays and natives of any state of Sabah

and Sarawak will enjoy special privileges• YDPA will safeguard the special position of the

Malays and natives of any states of Sabah and Sarawak (done in consultation with the Cabinet)

• Citizenship – FOUR methods

a) Citizenship by operation of law• every person born before Malaysia Day (16

September 1963) who is a citizen of the Federation by virtue becomes a citizen

• every person born on or after Malaysia Day – either father / mother at time of birth is a citizen/permanent resident

• born outside Malaysia on/after Malaysia Day – father at time of birth is a Malaysian and the birth must be registered at the consulate office

b) Citizenship by registration

• wife and child of citizens• a person below 21 years old whose

parents are not necessarily citizens• a person born in the Federation

before Merdeka Day• a person who was living in Sabah or

Sarawak on Malaysia Day

c) Citizenship by application• upon application, the individual of or over the age

of 21 will be granted a citizenship if he / she fulfills the following requisitions:

• has resided for the required period (10 out of 12 years)

• has good character• has adequate knowledge of the National

language

d) Citizenship by incorporation of Territory• If any new territory is accepted into the

Federation, Parliament through its law can determine the people of the new territory be given citizenship status

TERMINATION OF CITIZENSHIP

• renunciation – giving up citizenship of Malaysia

• revocation:•obtaining citizenship of another country

and exercising the rights of a citizen of a foreign country e.g.; voting

•not loyal to the country •making false statements at the time of

his application

FUNDAMENTAL FREEDOMS

• The constitution provides fundamental rights and freedom to the individual.

• The lists are:1. Freedom from slavery and forced labor2. Freedom from abuse of law3. Individual freedom4. Freedom to speak, to assemble and to form

unions5. Freedom to own property6. Freedom from exile and restriction of movement