MPU 3133 Malaysian

Studies 3

THE CONSTITUTION OF
MALAYSIA
 THE LEARNING OBJECTIVES
1. Students will understand the concepts of the
Malaysian Constitution.

2. Students will look at the important provisions in the

Malaysian Constitution.
 THE LEARNING OUTCOMES
1. Students will be able to explain the concepts & special
features of the Malaysian Constitution.

2. Students will be able to identify and state the

important provisions in the Malaysian Constitution.
THE CONCEPTS OF CONSTITUTION
• Constitution is the basic for making laws
• The Malaysian Constitution is
▫ The highest law in Malaysia
▫ A written Constitution
▫ Not fixed & can be amended through special
procedures
▫ Based on draft made by the Reid Commission
▫ 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
 THE SUPREMACY OF
THE CONSTITUTION

• The ONLY source & institution of legislation – supreme in court

cases, Parliament, SLA / DUN, administration & policies
• The Constitution is ABOVE ALL
• Any laws breach or disobey the provisions / principles of the
Constitution are to be cancel automatically – ultra vires
 General
Citizenship Judiciary Election &
The Special Legislative
Rights & Status
of Bumiputra
Finance
IMPORTANT MATTERS
HIGHLIGHTED IN THE
Language
MALAYSIAN The Structure of
CONSTITUTION Administration
The distribution
of Power
(Federal & The basic freedoms, rights
State) & responsibilities of
Religion various parties
(government & people)
• The Yang Di-Pertuan Agong’s powers are allocated to 3
different branches – the executive, judiciary & legislative
bodies
• The Separation of Power
▫ Avoid & curb corruptions or abuse of powers
▫ Check & balance
▫ Sustain freedom, objectivity, neutrality & equality

• The powers are allocated to the federal & state levels

• There are a Federal List, a State List & a joint list
Malaysian Constitution
Federal 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
 A
Constitutional National Language, Citizenship
Monarch & Special Right of Bumiputra

Religious Freedom & Islam

THE MAIN is the Official Religion
FEATURES OF
MALAYSIAN
CONSTITUTION The Supremacy of the Constitution
& the Rule of Laws

Federation Doctrine of the

Parliamentary
Democracy Separation of Power
 IMPORTANT PROVISIONS IN THE
MALAYSIAN CONSTITUTION

1. National Language
• Since independence, Malaysia has made the Malay Language as the
National Language (Article 152)
• However no person shall be prohibited or prevented from using any
other language
• English language may be used with YDPA consent for official
purposes
• The important of the National Language –
▫ General Communication
▫ The Official Purposes – government’s documents, courts,
Parliament
▫ To unite the multiracial society
2. RELIGION

▫ Islam is the official religion of the Federation

▫ Sultan is the Head of Islam in 9 states
▫ Head of Islam in 4 other states & the federal territories –
YDPA
▫ Other religions are allowed to be practiced in peace &
harmony – Freedom of worship is protected under Article 11
(Fundamental Freedoms)
• The Council of Rulers also in charge of any Islamic affairs &
issues within the Federation

• Islam is taught is school to Muslims ONLY

3. SPECIAL PROVISION ARTICLE 153
• Article 153 - YDPA – protects the special rights of
1) the Malays
2) other native people of Sabah & Sarawak
• To ensure harmony & peace in a multiracial society
• The special rights encompass:
▫ Education
▫ Economy - License / Permit
▫ Public positions
▫ Etc
• This provision cannot be amended except with the
permission of the Rulers Council
4. CITIZENSHIP
CITIZENSHIP
JUS SOLI – the
WAY FOR Laws of the Birth
MARRIAGE - to ACQUIRING Place
foreign women CITIZENSHIP
who married a
Malaysian
citizen,
registration
JUS SANGUINIS – the Laws
according to Blood
Descent – rely only on
NATURALIZATION – to father’s citizenship status
residents who are not
born in Malaysia
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 labor
2. Freedom from abuse of law
3. Individual freedom
4. Freedom to speak, to assemble and to form unions
5. Freedom to own property
6. Freedom from exile and restriction of movement
RESOURCES

• Mardiana Nordin, Hasnah Hussin (2006). Pengajian Malaysia.

Edisi Ketujuh, Shah Alam: Oxford Fajar.
• Nazaruddin Hj. Mohd Jali, Ma’rof Redzuan, Asnarulkhadi
Abu Samah & Ismail Hj. Mohd Rashid (2003). Malaysian
Studies: Nationhood And Citizenship. Selangor: Prentice Hall.
m/s 107 -135.