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MALAYSIAN CONSTITUTION

MALAYSIAN CONSTITUTION. Background: Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948-Federation of Malaya Constitution with a British High Commissioner placed as highest administrator Include the preparation of self-rule

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MALAYSIAN CONSTITUTION

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  1. MALAYSIAN CONSTITUTION Background: Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948-Federation of Malaya Constitution with a British High Commissioner placed as highest administrator Include the preparation of self-rule The first election held in 1955 and Tungku become the first PM

  2. A meeting held in London attended by Tungku Abdul Rahman decided to from the Reid Commission headed by Lord Reid to draw a new constitution for independent • The commission consist of expert from UK, Australia, India and Pakistan • Draft accepted and declared as Constitution of Federation of Malaya on 31/8/1957

  3. After 6 years, Singapore, Sabah & Sarawak joined with Malaya to become Malaysia • Cobbold Commission was set up to examine the reaction of people of Sabah Sarawak- after confirmation, drafting started • Wef 16/9/1963 – Constitution of Malaysia • Reasons behind forming of Malaysia was :- • The threat of communist • Racial imbalance • Independence of Singapore, Sabah & Sarawak • Economic corporation

  4. In Singapore , Lee Kuan Yew conducted referendum and shows 70% supported • Brunei-large number objected • Brunei back off last minute following an armed revolt staged by Brunei Parti Rakyat and decided not to proceed to avoid reoccurence • In 9/8/1965- Singapore withdrew • Philippines objected and claimed Sabah & Sarawak were part of them • Indonesia protested and launched confrontation but it came to an end when took over by Sukarno 1965

  5. Superiority of the Constitution • It is permanently supreme • Any other law cannot go against the Federal Constitution • Court guard the supremacy of the law • Its alive and functions all the time • Requires 2/3 vote to amend (Article 159 & 161E) • Contains 183 articles and 13 Schedules

  6. Content • Language – Article 152- Bahasa Malaysia - cannot be hindered from using other languages - has right to maintain the language of others Religion - Article 3 (1) - Islam as official religion but others can practice their own and Sultan will be the head (5) -YDPA-head of religion

  7. It also contains:- • Law making power :- Ninth Schedule - Federal List (List I) :- education, finance, defence, internal security (major issues) • State List (List II):- tourism, land matters, drainage, traffic, state holidays,etc • Concurrent List (List III):- tourism and other common issues eg. Culture, social welfare, town and country planning, drainage

  8. Fundamental liberties • Article 5 • Individual freedom- no one can be deprived of his life or his freedom except according with the law -Article 6 -Slavery and forced labour prohibited • Article 7 • Protection against retrospective criminal law and repeated trial • Article 8 • Equal protection of the law • Article 9 Prohibition against banishment and freedom of movement.

  9. Article 10 • Freedom of speech, assembly and association Article 11 • Freedom of religion Article 12 • Rights in respect of education Article 13 -Rights to property

  10. citizenship • Part III Acquisition of citizenship-Article 14 – 22 • Enforcement of law (14) • Registration (15-18) • Naturalisation(19) • Merging of territory (22) Termination Article – 23 to 28 -renunciation -Revocation

  11. Special rights of a citizen • - vote • -fundamental liberties • -education • -medical • - provisions for the poor • -govt scolarship

  12. Enforcement of law • Born between Malaysia day and Merdeka but with either parent is a citizen or PR of Federation • After Malaysia day can become citizen if:- - either parents citizen - either parents PR - at the time of birth not citizen of any other country

  13. Registration • Wife and children of citizen • Below 21 but father and mother is a citizen • Born in Federation before merdeka • Born in Sabah and Sarawak before Malaysia day

  14. Naturalisation- not born in Malaysia • 21 years with either parents a citizen • Live in Malaysia at least 10 years • Have intention to live permenantly • Good conduct • Sufficient knowledge of BM

  15. Merging of territory • Article22 of the Federal Constitutions provides if a new territory is accepted into the Federation, the Govt will determine the citizenship of the people within the territory

  16. Revocation • Renunciation – giving it up • Termination :- • becomes citizen of another country • Enjoy rights and facilities of another country only given to citizen • A woman becomes citizen of another country through marriage • No longer loyal to Malaysia • Has business or ties with a hostile country • Within 5 years after becoming citizen was sentence to jail for not less than 12 months and fine not less 5k • Gives services to another country without permission • Lives continuously in another country for more thn 5 years • Citizenship falsely obtained • If woman acquired through marriage is divorced

  17. Others • YDPA- Article 32- 37 • Conferences of rulers - A 38 • The Executive - A 39- 43C • The Legislative – A 44 -65 • Legislative procedure – A66-69 • The judiciary -A121- 131A

  18. Special rights of citizen • Right to vote • Right to take active part in politics • Right to fill post for citizens only • Free to own landed property • Welfare benefits and educations • Freedom of movement within Malaysia • Right not to be exiled • Medical benefits

  19. National language • Article 152 – national language Bahasa Malaysia but no one can be restrained from using or teaching or learning other language • used for official purposes • Status of BM cannot be questioned

  20. Special rights • Sec 153 – special rights to Bumiputra and malays • -special rights as to public service, scholarship, education • Responsibility of YDPA to preserve the special rights

  21. Election • Article 113- 120 Presence only in a democratic country- for the people to give mandate and pick their own govt Types:- General election- after dissolution of Parliament and State Legislative Assembly By –election – when seat is vacated by death or resignation or being disqualified or technical problem during election Local Government Election - 1960

  22. General election • Held every 5 years • YDPA must dissolve Parliament first on request of the PM • Election held within 60 days in Sem. Msia and 90 days in Sabah & Sarawak • Everyone have the right to choose candidate

  23. Who can vote • Age 21 • Resides in election division @ absentee voter • Name in electoral list • Of sound mind • Not guilty and imposed with death sentence or jail exceeding 12 months in any Commonwealth country

  24. Election commission • Draw up electoral constituent • Prepare and check voters list • Manage election process Vote and Balloting • After 3-8 weeks after nomination day • Formula- one vote for one candidate

  25. What may disqualify a person as candidate in general election • Unsound mind • Bankrupt • Hold salaried post • Failed to sent statement of expenses within 33 days after result • Found guilty of criminal offence • Obtains foreign citizenship • Guilty of offences related to election

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