THE CONSTITUTION

INTRODUCTIONWhat is Constitution?collection of measures and guidelines for regulating the administration of a countryIs the document that contains the highest law of the country, from which the validity of all other law derive

INTRODUCTIONWhat is Constitution?A set of laws and principles of a country stating the way that country should be governedIt usually contains law thatdetermine the powers and duties of the governmentinclude guarantee of certain rights & fundamental freedom of the people

THE AIMS OF THE CONSTITUTIONTo ensure smooth administration and political stabilityTo avoid abuse and misuse of authority by the legislative, executive and judiciary bodiesTo ensure fundamental rights and freedomTo ensure that citizens give undivided loyaltyTo provide special rights for Bumiputra and natives of any states of Sabah and Sarawak

THE AIMS OF THE CONSTITUTIONThe Superiority of the ConstitutionThe 3rd principle of the Rukun NegaraThe only source of law that is permanently supremeIts overrides the power of Yang di Pertuan Agong, Parliament and the courts.

Uniqueness of the Malaysian Constitutionhas special provision to apply in a country with a diversity of races and religion

THE AIMS OF THE CONSTITUTIONContent of the Constitution15 section, 183 clauses or articles, 15 schedules

Main Features of ConstitutionMalaysia is a Federation with 13 states and 3 federal territories Malaysia practices FederalismMalaysia is a constitutional MonarchyMalaysia practices parliamentary democracyReligious freedom with Islam as the official religion of Malaysia

Malaysian ConstitutionFederal ListSets out subjects on which only the parliament can legislate external affairsdefenseinternal securityshippinghealthtransportfinance and taxationsocial securityetc

State ListSets out subjects on which the State Legislative Assemblies can legislate Islamic Law Malay custom land and housing state public holidays etcto ensure all state governments have autonomy on their civil service

Common/Concurrent ListThe Federal and State have to work together in certain areas that are of common interest:ScholarshipEducationSocial welfareHealth careCulture and sportsProtection of wild animals

NATIONAL LANGUAGE RELIGION

BUMIPUTRA SPECIAL PRIVILEGES CITIZENSHIP

MAIN PROVISIONS IN THE CONSTITUTION1. National Language (Article 152)National language shall be the Malay language However no person shall be prohibited or prevented from using any other languageEnglish language may be used with YDPA consent for official purposes

2. Religion (Article 11 & 12)Islam is the official religion.Other religions may be practiced in peace and harmony

3. Special privileges (Article 153)the Malays and natives of any state of Sabah and Sarawak will enjoy special privilegesYDPA will safeguard the special position of the Malays and natives of any states of Sabah and Sarawak (done in consultation with the Cabinet)

4. Citizenship

Jus Soli- citizenship by birth place

b) Jus Sanguinis- citizenship by blood

c) Marriage- granted to the woman who married to Malaysian man

d) Naturalization

TERMINATION OF CITIZENSHIP

a) Renunciation (Article 23) giving up citizenship of Malaysia

b) Revocation - violation of law (Article 24): -obtaining citizenship of another country -exercising the rights of a citizen of a foreign country -not loyal to the country by acting negatively -falsely obtained citizenship - acquired citizenship through marriage, but get divorce later - has business / ties with hostile country

FUNDAMENTAL FREEDOMS (Article 5)The constitution provides fundamental rights and freedom to the individual.The lists are:Freedom from slavery and forced laborFreedom from abuse of lawFreedom to speak, to assemble and to form unionsFreedom to own propertyFreedom from exile and restriction of movementFreedom of religion

Malaysian Constitution*07/16/96wannawj**##