THE CONSTITUTION

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

INTRODUCTION
What is Constitution?
A set of laws and principles of a country
stating the way that country should be
governed
It usually contains law that
determine the powers and duties of the
government
include guarantee of certain rights &
fundamental freedom of the people

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 AIMS OF THE CONSTITUTION

The Superiority of the Constitution
The 3rd principle of the Rukun Negara
The only source of law that is permanently
supreme
Its overrides the power of Yang di Pertuan
Agong, Parliament and the courts.
Uniqueness of the Malaysian Constitution
has special provision to apply in a country with
a diversity of races and religion

THE AIMS OF THE CONSTITUTION

Content of the Constitution
15 section, 183 clauses or articles, 15 schedules
Main Features of Constitution
Malaysia is a Federation with 13 states and 3
federal territories
Malaysia practices Federalism
Malaysia is a constitutional Monarchy
Malaysia practices parliamentary democracy
Religious freedom with Islam as the official religion
of Malaysia

Malaysian Constitution
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
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/Concurrent List
The Federal and State have to work
together in certain areas that are of
common interest:
Scholarship
Education
Social welfare
Health care
Culture and sports
Protection of wild animals

NATIONAL LANGUAGE

RELIGION

BUMIPUTRA
SPECIAL PRIVILEGES

CITIZENSHIP

MAIN PROVISIONS IN THE CONSTITUTION

1. National Language (Article 152)
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 (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
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)

4. Citizenship
a)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:
1. Freedom from slavery and forced labor
2. Freedom from abuse of law
3. Freedom to speak, to assemble and to form
unions
4. Freedom to own property
5. Freedom from exile and restriction of movement
6. Freedom of religion