The Malaysian Constitution

March 25, 2018 | Author: William Anthony | Category: Government Institutions, Public Law, Politics, Government, Constitutional Law


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An Introduction to theMalaysian Constitution Last Updated 9 June 2013 THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to [email protected] An Introduction to the Malaysian Constitution Contents 1. History (starts at page 6) • Constitution created the Federation • Merdeka Day, 31 Aug 1957 • Malaysia Day, 16 Sept 1963 • Life of the Federation 2. Main Features (page 12) • • • • Key Elements of the Malaysian Constitution Constitution as the Supreme Law Constitutional Monarchy The Three Branches of Government 3. The Legislature (page 17) • • • • • • Parliament Dewan Rakyat Dewan Negara Dewan Rakyat and Dewan Negara Parliamentary Authority and Privileges Parliamentary Cycle 2 An Introduction to the Malaysian Constitution Contents 7. Fundamental Liberties (page 44) • • • Deprivation of Life or Liberty only in accordance with Law Habeas Corpus Right to Grounds of Arrest and to Counsel Judicial Approval for Extended Detention No Slavery No Forced Labour No Retroactive Criminal Laws No Retroactive increase in Penalties No Repeat Trials Equality No discrimination on the ground of Religion, Race, Descent, Place of Birth or Gender in certain matters No discrimination in favour of State Subjects No discrimination by Public Authority on grounds of out of Jurisdiction • • Equality in Public Education and Financial Aid No Banishment from Malaysia • • • • • • • • • • 3 Legislative Provisions (page 10. Special and Emergency Powers (page 91) 78) • • • • • Procedures for making Federal Law Federal and State Legislative Powers Federal Legislative List State Legislative List Concurrent Legislative List 9. Malays and Art 153 (page 97) • Malay • Special Position of Bumiputras • Legitimate Interests of Other Communities 12. Emergency Powers Restrictions on Preventive Detention 11.An Introduction to the Malaysian Constitution Contents 8. Constitutionally permitted Islamic laws • • • Laws against Subversion etc. Islamic Law and Syariah Courts (page 84) •. Relationship between secular law and Islamic law •. Islam. Religion of Malaysia •. Citizenship (page 102) • • • • • Citizenship Citizenship Citizenship Citizenship Citizenship Territory by by by by Operation of Law Registration Naturalisation Incorporation of 4 . Constitutional Amendments (page 122) • Constitutional Amendment Process Disclaimer This presentation is a free educational guide to understanding the Federal Constitution of Malaysia. Please seek your own legal advice for any .  It does not purport to be comprehensive or accurate and it does not constitute legal advice. result. Other Provisions 125)or refraining from All liability arising as a 15. Elections (page 114) • • • • • Election Commission EC’s Main Functions Review of Constituencies Federal Constituencies Voters 14.(page of acting on theand basisOther of anyLanguages matter contained in this presentation is expressly •action National 5 disclaimed by the author.An Introduction to the Malaysian Constitution Contents 13. directly or indirectly. An Introduction to the Malaysian Constitution 1 History THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 6 [email protected] . 195 7 The Constitution created the Federation It gave birth to a new.The Malaysian Constitution Main Features The Constitution created the Federation Article 1 Est. independent and sovereign nation. 7 . Pahang. Negeri Sembilan. Kedah. Terengganu. Perak. Terengganu. Kedah. Perlis. Melaka. Selangor. Negeri Sembilan.The Malaysian Constitution History Merdeka Day. Selangor. and Pulau Pinang. The Federation was initially called the Federation of Malaya Johor. Pahang. 195 7 The Federation The initial member states of the Federation were Johor. 31 August 1957 Est. Kelantan. Melaka. Perlis. Perak. Kelantan. and Pulau Pinang 8 . Sarawak and Singapore as additional member states of the Federation. Kedah. Terengganu. its name was changed to Malaysia. Selangor. 16 September 1963 Est. The Federation Johor.The Malaysian Constitution History Malaysia Day. 195 7 In 1963. Melaka. and Pulau Pinang +Sabah +Sarawak +Singapore 9 . At the same time. Perak. Kelantan. the Constitution was amended to admit Sabah. Negeri Sembilan. Perlis. Pahang. the Federation has been enlarged by the addition of three more States .’” From the legal perspective. and that the name ‘Federation of Malaya’ has been changed to ‘Malaysia..The Malaysian Constitution History History Was Malaysia a new nation? Est. 195 7 The Federation Official Statement to the United Nations on 16 September 1963 The Malayan permanent representative to the UN issued a statement to the 18th session of the 1283 meeting of the UN General Assembly that: "constitutionally. the establishment of Malaysia on 16 September 1963 did not create a new legal entity. with three new member states added and a new name (Malaysia). established in 1957 and admitted to membership of this Organisation the same year.. The Federation established on 31 August 1957 continued to exist. by constitutional process. and Malaysia are one and the same international person. What has happened is that. the Federation of Malaya. 10 . Perak. and Pulau Pinang + Sabah “Federation of Malaya” + Sarawak + Singapor e “Malaysia” Singapore 11 Dates Merdeka Day 31 Aug 1957 Malaysia Day 16 Sep 91963 Aug 1965 Present Date . Negeri Sembilan. Kelantan. Perlis. Terengganu. Melaka. Kedah. Selangor. Pahang.The Malaysian Constitution History History Life of the Federation Established by the Federal Constitution on 31 August 1957 Est. 195 7 The Federation Member States of the Federation Name of the Federation Johor. com .An Introduction to the Malaysian Constitution 2 Main Features THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 12 [email protected] the Executive 13 .The Malaysian Constitution Main Features Key Elements of the Malaysian Constitution Executive Legislature Judiciary The Constitution is the Supreme Law of Malaysia Malaysia is a Constitution al Monarchy There are three branches of Government – the Legislature. e r p Su me Law 14 .The Malaysian Constitution Main Features Constitution as Supreme Law Article 4 The Constitution is the supreme law of Malaysia Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. The Malaysian Constitution Main Features Constitutional Monarchy Articles 32. He is elected by the Conference of Rulers. 39 and 40 The Yang di-Pertuan Agong (YDPA) is Malaysia’s Head of State. 15 . he is required to exercise his executive powers on the advice of Cabinet. As a constitutional monarch. by rotation. from the Rulers of the nine Malay States. my Legislature (Badan Perundangan) Makes laws Executive (Eksekutif) Administers the law http://www.parlimen.gov.The Malaysian Constitution Main Features The Three Branches of Government Executive Legislature Judiciary http://www.gov.kehakiman.gov.my Judiciary (Badan Kehakiman) Interprets the law 16 .my http://www.malaysia. An Introduction to the Malaysian Constitution 3 The Legislature THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 17 [email protected] . YDPA Dewa Dewa n n Raky Nega at ra 18 . The Yang di Pertuan Agong is also a part of Parliament.The Malaysian Constitution The TheLegislature Legislature Parliament Article 44 Parliament is a bi-cameral legislature comprising of a lower house called the: House of Representatives (Dewan Rakyat) and an upper house known as the Senate (Dewan Negara). MPs by State 31 26 25 24 15 14 14 6 22 13 11 8 8 3 1 19 1 .The Malaysian Constitution The Legislature Dewan Rakyat Article 46 222 MPs The Dewan Rakyat has 222 elected members. Max 2 Terms Senators appointed by the YDPA for the Federal Territories 4 26 Senators elected by State Legislatures 40 A person can only be a Senator for a maximum of two Other Senators appointed by the YDPA terms. unaffected by the dissolution of Parliament.The Malaysian Constitution The Legislature Dewan Negara Article 45 70 Senators The Dewan Negara has 70 Senators. 3-Year Term A senator’s term is for 3 years. whether 20 . whether .54 Number of Members Dewan Rakyat 222 Dewan Negara 70 Mode of Appointment Elected by voters • Elected by State Legislatures (2 each) • Appointed by the YDPA in respect of Federal Territories (4) • Appointed by the YDPA (40) Term of Office Until the dissolution of • 3 years. unaffected by Parliament dissolution of Parliament. • A person can only be a Senator for a maximum of two 21 terms.The Malaysian Constitution The Legislature Dewan Rakyat and Dewan Negara Articles 45 . e.g. 1 3 2 Federal List Concurrent List State List (Parliament only e. defence.The Malaysian Constitution The Legislature Parliamentary Authority and Privileges Articles 44 .g. national park. Syariah courts. citizenship ) (Parliament and State e. social welfare) (State Legislature only.68 Legislative Authority to Make Federal Laws Parliament may make federal laws in respect of matters falling under the Federal List or the Concurrent List. housing. mining) 22 . local government. security. finance.g. except for offences under: – laws passed under Article 10(4) of the Constitution. and – the Sedition Act 23 .The Malaysian Constitution The Legislature Parliamentary Authority and Privileges Articles 44 .68 Parliamentary Privileges • Parliamentary proceedings cannot be questioned in any court • Members of Parliament are immune from court proceedings for anything said in Parliament. The Malaysian Constitution The Legislature Parliamentary Cycle Article 55 5 Years* 1 * 2 3 4 Each parliament lasts for 5 years from the date of its first meeting. unless dissolved earlier by the YDPA at the request of the PM New Parliament Starts 13th Parliament First Meeting 24 June 2013 Parliament Elections Next Dissolved within Parliament 60 days of within dissolution 120 days of dissolution 13th Parliament Automatic Dissolution 24 June . An Introduction to the Malaysian Constitution 4 The Executive THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 25 [email protected] . except in limited matters such as the giving of consent to dissolve Parliament. 26 . he must act in accordance with the advice of the Cabinet. as a constitutional monarch.The Malaysian Constitution The Executive The Executive Articles 39 – 43 The executive authority of the Federation is vested in the Yang di-Pertuan Agong but. the executive authority vested in the YDPA may be exercised by: The Cabinet Yang diPertuan Agong (YDPA) A Minister authorised by Cabinet Any person authorised by law 27 .43 Subject to federal law.The Malaysian Constitution The Executive Exercise of Executive Power Articles 39 . the YDPA first appoints as Prime Minister a 1.The Malaysian Constitution The Executive Appointment of Cabinet Article 43 Acting in his discretion. the YDPA appoints other Ministers under PM’s advice from among the members of either the Dewan Rakyat or the Dewan Negara. Cabinet is formed  28 Dewa n Raky at Dewa n Raky at Dewa n Negar a . YDPA appoints other Ministers Acting on the advice of the PM. YDPA appoints PM member of the Dewan Rakyat who in the YDPA’s judgment is likely to command the confidence of the majority of that Dewan. and 2. the member (MP) of the Dewan Rakyat who “commands the confidence of the majority” of the Dewan shall be appointed as the Prime Minister. However a person who became a citizen by registration under Article 17 cannot be a PM.The Malaysian Constitution The Executive Must the PM be of any particular race or religion? Under the Constitution. 29 . There are no other qualification requirements in the Constitution for an MP to become a PM. then unless at the PM’s request the Yang di-Pertuan Agong (YDPA) dissolves Parliament (and the YDPA may act in his absolute discretion) the Prime Minister shall tender the resignation of the Cabinet.The Malaysian Constitution The Executive Resignation of PM Article 43(4) If the Prime Minister ceases to command the confidence of the majority of the members of the Dewan Rakyat. MB NEXT: NEXT: Read Read about about the the Perak Perak Menteri Menteri Besar Besar case case which which interpreted interpreted the the equivalent equivalent provisions provisions in in the the Perak Perak State State Constitution Constitution 30 . 31 PR BN .The Sultan may. if he so wishes. decline to dissolve the Legislative Assembly. 2010) BEFORE 28 AFTER MB 31 PR BN 31 28 PERAK STATE CONSTITUTION Article 16(6) – A Menteri Besar must tender the resignation of the State Exco when his party or coalition loses the majority in the Legislative Assembly. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court. Dato’ Seri Dr. Article 18(2) .The Malaysian Constitution The Executive The Perak Menteri Besar Case Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Consent Granted State Assembly is dissolved. Elections held. It may be determined from other evidence. Consent NOT Granted MB and Exco must resign Question 2: What happens if the MB refuses to resign after the Sultan has decided not to dissolve the Assembly? Federal Court Answer: The MB is deemed to have 32 . 2010) Ruling coalition loses majority in State Assembly MB and Exco resigns MB seeks Sultan’s consent to dissolve Assembly Question 1: Does the loss of majority have to be proven by a vote of no-confidence in the Assembly? Federal Court Answer: No.The Malaysian Constitution The Executive The Perak Menteri Besar Case Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court. Dato’ Seri Dr. Question When a MB has. Dato’ Seri HJ Mohammad Nizar (Nizar) from Pakatan was appointed as the Menteri Besar (MB) of Perak. does he nevertheless remain as MB until a motion of no confidence is passed against him and thereafter he voluntarily resigns. Dato’ Seri Dr.As the Perak State Constitution does not stipulate that the loss of confidence in a MB can only be established through a vote in the assembly. Answer Motion of No Confidence Not Required .The Malaysian Constitution The Executive The Perak Menteri Besar Case Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. the Court held. 2010) Facts In the 2008 Perak State elections. Pakatan Rakyat won 31 out of 59 seats of the Perak Legislative Assembly. Exercising his Royal prerogative under Article 18(2)(b) of the Perak State Constitution. that evidence of loss of confidence may be gathered from other sources. 3 members of the assembly left Pakatan and declared their support for Barisan Nasional. resulting in Barisan commanding the majority.It is mandatory . Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court. The following year. as a matter of fact. 33 for a MB to Voluntary Act of Resignation not Required . following the Privy Council case of Adegbenro v Akintola and the Dato Amir Kahar case (1995) 1 CLJ 184. ceased to command the confidence of the majority of the assembly. Nizar made a request to HRH The Sultan of Perak for the dissolution of the assembly. HRH refused to do so and subsequently appointed Dato’ Seri Dr. Zambry as the new MB. The Malaysian Constitution The Executive Removal of Other Ministers Article 43(5) Removal of Ministers Ministers other than the Prime Minister hold office during the pleasure of the YDPA. DPM NEXT NEXT Read about the Deputy Prime Minister Read about the Deputy Prime Minister case case which which interpreted interpreted this this provision provision 34 . unless the appointment of any Minister shall have been revoked by the YDPA on the advice of the Prime Minister. Therefore it was the YDPA. the Prime Minister had advised the Yang di Pertuan Agong (YDPA) to revoke the appointment and such advice was accepted by the YDPA (according to uncontradicted evidence of the Confidential Secretary to the YDPA) Question Does Article 45(3) of the Federal Constitution specifically require the YDPA to be the authority to revoke the appointment of the Appellant as Deputy Prime Minister? Answer The YDPA is a constitutional monarch. Prior to the notice. (Respondents) (Federal Court. who made the formal decision to revoke the DPM’s appointment. the YDPA must act in accordance with the advice of the Prime Minister. Revocation need not be personally communicated by the YDPA to the DPM: The Constitution does not require the YDPA to personally advise the DPM of 35 .The Malaysian Constitution The Executive The Deputy Prime Minister Case Dato Seri Anwar bin Ibrahim (Appellant) v Prime Minister of Malaysia and Anor. On the appointment and revocation of appointment of Ministers. The revocations were in fact made by the YDPA: On the facts. it is clear that the PM had advised the YDPA to revoke the appointment of the DPM and that the YDPA had accepted such advice. and not the PM. he was notified by the Prime Minister that his appointment as the DPM was to be revoked that same day. Mar 2010) Facts The Appellant was appointed as the Deputy Prime Minister in 1995. On 2 Sept 1998. An Introduction to the Malaysian Constitution 5 The Judiciary THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 36 [email protected] . The Malaysian Constitution The Judiciary The Judiciary Articles 121 – 131A The power to interpret laws. including the Constitution. Federal Court Court of Appeal High Court of Malaya Subordinat e Courts High Court of Sabah and Sarawak Subordinat e Courts Syariah Courts The High Courts and the Subordinate Courts have no jurisdiction over 37 . lies with the judiciary. The Malaysian Constitution The Judiciary Appointment of Judges Article 122B Judges are in effect appointed by the Prime Minister, through this process: PM PM consults persons stipulated in Art 122B (e.g. the Chief Justice of the Federal Court) President of the Court of Appeal PM PM advises the YDPA to appoint the person selected by the PM as a judge * The YDPA, as a constitutional monarch, is required to act on the advice of the PM Chief Justice of the Federal Court YDPA appoints* that person as judge, after consulting the Conference of Rulers Chief Judge of a High Court Other Federal Court Judges Other Court of Appeal Judges Other High Court Judges 38 The Malaysian Constitution The Judiciary Judges’ Security of Tenure Article 125 Once appointed, judges cannot be removed except under exceptional circumstances (such as infirmity of mind) by a tribunal of judges. Chief Justice of the Federal Court President of the Court of Appeal Chief Judge of a High Court Other Federal Court Judges Other Court of Appeal Judges Other High Court Judges 39 The Malaysian Constitution The Judiciary The Separation of Powers Case PP v Kok Wah Kuan [2007] 6 CLJ 341 (Federal Court, October 2007) Facts Kok Wah Kuan was convicted of murder which he committed at the age of 12. Instead of receiving the death sentence, he was, pursuant to the Child Act 2001, ordered by the Court to be detained for as long as the Yang di Pertuan Agong (acting on Cabinet advice) deems appropriate . Question Whether the detention order was unconstitutional because under the doctrine of separation of powers, judicial power vests in the judiciary and not the Executive. Answer Separation of Powers: The doctrine of separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct. Like the Westminster system, the Federal Constitution does have features of this doctrine but the Constitution does not strictly comply with the doctrine (for example Ministers are both legislators and executives, which would be inconsistent with the doctrine). The extent to which the doctrine applies depends on what the Constitution actually provides. Therefore, the Child Act cannot be held unconstitutional for being inconsistent with the doctrine itself. The Act can only be held unconstitutional if it were inconsistent with any specific provision of the Constitution, which it is not. 40 An Introduction to the Malaysian Constitution 6 The Conference of Rulers THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 41 [email protected] . The Malaysian Constitution The Conference of Rulers The Conference of Rulers Article 38 and the Fifth Schedule The Conference is a constitutional body comprising the Rulers and the Yang diPertua-Yang di-Pertua Negeri. 42 . The Malaysian Constitution The Conference of Rulers Functions of the Conference of Rulers Article 38 Functions • • • Electing and removing the Yang di-Pertuan Agong and his Deputy Deciding on the extension of any religious acts. observances or ceremonies to the country as a whole Giving or withholding consent (veto rights) over matters such as: • Constitutional amendments relating to matters in Article 159(6). honours or dignities of the Rulers • Laws amending Article 152 (Malay language) or Article 153 (Special position of bumiputras) • Alterations to State boundaries • Certain appointments such as members of the Public Service Commission and the Elections Commission 43 . • Laws affecting the privileges. position. com .An Introduction to the Malaysian Constitution 7 Fundamental Liberties THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 44 [email protected] * Not applicable to laws passed under Article 149 or Article 150 45 .The Malaysian Constitution Fundamental Liberties Deprivation of Life or Liberty only in accordance with Law Article 5(1)* No one can be deprived of one’s life or personal liberty except in accordance with law. * Not applicable to laws passed under Article 149 or Article 150 46 .The Malaysian Constitution Fundamental Liberties Habeas Corpus Article 5(2)* Where a person is being unlawfully detained. the High Court has the power to release the detainee. * Not applicable to laws passed under Article 149 or Article 150 47 .The Malaysian Constitution Fundamental Liberties Right to Grounds of Arrest and to Counsel Article 5(3)* Where a person is arrested he shall: (i) be informed as soon as possible of the grounds of arrest. and (ii) be allowed to consult and be defended by a lawyer of his choice. * Not applicable to laws passed under Article 149 or Article 150 48 . and in any case within 24 hours.The Malaysian Constitution Fundamental Liberties Judicial Approval for Extended Detention Article 5(4)* Where a person is arrested. be produced before a magistrate and shall not be further detained without the magistrate's authority. he shall without unreasonable delay. The Malaysian Constitution Fundamental Liberties No Slavery Article 6(1)* No one shall be held in slavery. * Not applicable to laws passed under Article 150 49 . * Not applicable to laws passed under Article 150 50 .The Malaysian Constitution Fundamental Liberties No Forced Labour Article 6(2)* All forms of forced labour are prohibited but Parliament may by law provide for compulsory service for national purposes. The Malaysian Constitution Fundamental Liberties No Retroactive Criminal Laws Article 7(1)* No one shall be punished for an act or omission which was not punishable by law when it was done or made. * Not applicable to laws passed under Article 150 51 . * Not applicable to laws passed under Article 150 52 .The Malaysian Constitution Fundamental Liberties No Retroactive increase in Penalties Article 7(1)* No one shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. * Not applicable to laws passed under Article 150 53 .The Malaysian Constitution Fundamental Liberties No Repeat Trials Article 7(2)* A person who has been acquitted or convicted of an offence shall not be tried again for the same offence. except where a retrial is ordered by a court. The Malaysian Constitution Fundamental Liberties Equality Article 8(1)* All persons are equal before the law and entitled to the equal protection of the law. * Not applicable to laws passed under Article 150 54 . Place of Birth or Gender in certain matters (Article 8(2)*) appointm ent to any office or employme nt under a public authority. race. Race. profession. 55 .The Malaysian Constitution Fundamental Liberties No discrimination on the ground of Religion. descent. no citizen shall be discriminated on the ground only of religion. or * Not applicable to laws passed under Article 150 Admin of Certain Laws law. or Public Authority Law Except as authorized by the Constitution. holding or disposition of property or the establishing or carrying on of any trade. business. place of birth in any inor thegender: in the administration of any law relating to the acquisition. Descent. The Malaysian Constitution Fundamental Liberties No discrimination in favour of State Subjects Article 8(3)* There shall be no discrimination in favour of any one because he or she is a subject of the Ruler of any State. * Not applicable to laws passed under Article 150 56 . The Malaysian Constitution Fundamental Liberties No discrimination by Public Authority on grounds of out of Jurisdiction Article 8(4)* No public authority shall discriminate against any person because such a person is resident or conducting business outside the jurisdiction of the authority. * Not applicable to laws passed under Article 150 57 . race. the admission of students or the payment of fees. notwithstanding anything in the Constitution. in particular. which presumably includes 58 . See the slides on Article 153 which allows for the reservation of quotas on scholarships. descent orin place of birth: in the administration in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Exceptions Malaysia). and. or • Financial Aid Administration There shall be no discrimination against any citizen by reason of religion. educational and training facilities for bumiputras.The Malaysian Constitution Fundamental Liberties Equality in Public Education and Financial Aid* Article 12(1) of any educational institution maintained by a public authority. The Malaysian Constitution Fundamental Liberties Fundamental Liberties No Banishment from Malaysia Article 9(1)* No citizen shall be banished or excluded from Malaysia. * Not applicable to laws passed under Article 149 or Article 150 59 . The Malaysian Constitution Fundamental Liberties Fundamental Liberties Freedom of Movement and of Residence Article 9(2)/(3)* Every citizen has the right to move freely throughout Malaysia and to reside in any part of the country. Parliament may impose restrictions. as between that State and other States • This right is subject to restrictions in any law relating to the security. or the punishment of offenders * Not applicable to laws passed 149 . under publicArticle health. public 60 order. Restrictions • If any other State is in a special position as compared with the States of Malaya. The Malaysian Constitution Freedom of Speech Fundamental Liberties Fundamental Liberties Article 10(1)(a)* Every citizen has the right to freedom of speech and expression. morality and national security or public order (including the questioning of provisions relating to citizenship. def ghi xyz abc Restrictions can be imposed by Parliament: • In the interest of friendly diplomatic relations. • To protect the privileges of Parliament/Legislative Assembly or 61 • To provide against contempt of court. defamation. Article 153 (Special Position of Bumiputras) or Article 181 (Rulers’ Sovereignty)). Article 152 (National Language). or incitement to * Not applicable to laws passed under Article 149 or Article 150 . The restriction imposed by section 15(5)(a) of the UUCA is unreasonable and is 62 . Question Although the Constitution permits Parliament to make laws to restrict freedom of speech for the purposes of protecting public order.The Malaysian Constitution The Executive The UKM 4 Case Muhammad Hilman bin Idham & 3 Others. or sympathy with. students of University Kebangsaan Malaysia (UKM). morality or the other interests spelt out in Article 10(2)(a). were present in Hulu Selangor to observe the parliamentary by-elections there in April 2010 and had in their possession certain campaign materials. October 2011) Facts The appellants. any political party. is section 15(5)(a) of the UUCA unconstitutional because the restriction it imposes on freedom of speech unreasonable? Answer Any restriction imposed on the freedom of speech must be a reasonable one. (Appellants) v University Kebangsaan Malaysia & 2 Ot hers (Respondents) (Court of Appeal. or opposition to. UKM brought disciplinary proceedings against the appellants for breaching section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) which prohibits university students from expressing or doing anything in support for. Restrictions can be imposed by Parliament: • In the interest of national security or • In the interest of public order * Not applicable to laws passed under Article 149 or Article 150 63 .The Malaysian Constitution Fundamental Liberties Freedom of Assembly Article 10(1)(b)* All citizens have the right to assemble peaceably and without arms. The Malaysian Constitution Fundamental Liberties Freedom of Assembly and its Constitutional Restrictions Freedom of Assembly Art 10(1)(b) Constitutional Restrictions Art 10(2)(b) 64 . 65 . The Peaceful Assembly Act 2012 is an example of such a law. but it also gives Parliament the power to make laws which impose restrictions on freedom of assembly in the interests of national security or public order.The Malaysian Constitution Fundamental Liberties Freedom of Assembly and its Constitutional Restrictions The Constitution gives citizens freedom of assembly. The Malaysian Constitution Fundamental Liberties Freedom of Assembly and its Constitutional Restrictions Sec. 27 of the Police Act 1967 This was repealed on 23 April 2012 by the Police (Amendment) Ac t 2012 and replaced by the Peaceful Assembly Act 2012 – please see the next slide 66 . e. a mass march or rally All other assemblies Notificatio n Process 67 . wedding 23 April reception 2012 Assembly at “designated place of assembly” Act 2012 Go ! Assembly at or within 50m of “prohibited places” A “street protest” i.The Malaysian Constitution Fundamental Liberties Freedom of Assembly and its Constitutional Restrictions In Peaceful Assembly Operatio Specified assembly n from e.g. 68 . Thus processions are allowed in assemblies. A “street protest” involves people walking in a mass march or rally.The Malaysian Constitution Fundamental Liberties Freedom of Assembly and its Constitutional Restrictions Peaceful Assembly Act 2012 What is the difference between an assembly and a An street protest? OK X “assembly” may be moving. national security or public order • In any law relating to labour or education * Not applicable to laws passed under Article 149 or Article 150 69 . Restrictions can be imposed by Parliament: • In the interest of morality.The Malaysian Constitution Fundamental Liberties Freedom of Association Article 10(1)(c)* All citizens have the right to form associations. . In 1991. the DUNK declared that Nordin ceased to be a member of the DUNK. thus triggering a by-election in his constituency Question Whether the new provision of the Kelantan Constitution is inconsistent with the right to freedom of association under Article 10(1)(c) of the Malaysian Constitution and is therefore void? Answer The Kelantan Constitution’s provision is indeed void because the direct and inevitable consequence of the provision is to restrict the right of a member of the DUNK from exercising the right to freedom of association. the Kelantan State Constitution was amended to provide that a member of the DUNK who is a member of any political party shall cease to be a member of the DUNK if he or she resigns or is expelled from such political party.The Malaysian Constitution The Executive The Kelantan Anti Party-Hopping Law Case Kelantan State Legislative Assembly v Nordin Salleh (Supreme Court. Furthermore the Malaysian Constitution sets out a complete list of the grounds on which a 70 being of member of a State Legislative Assembly can be disqualified (e.g. April 1992) Facts Nordin Salleh was elected to the Kelantan State Legislative Assembly (Dewan Undangan Negeri Kelantan (“DUNK”)) during the 1990 general elections. Pursuant to this new provision. in respect of the Federal Territories. federal law may control or restrict the propagation of any religion among Muslims. This Article does not authorise any act contrary to any law relating to public order.The Malaysian Constitution Fundamental Liberties Freedom of Religion Article 11 (1)/(4) Every person has the right to profess and practice his religion and to propagate it but State law and. public health or morality 71 . 72 .The Malaysian Constitution Fundamental Liberties Limitation on Religious Taxes Article 11(2) No one shall be compelled to pay any tax the proceeds of which are specially allocated for the purposes of a religion other than his own. (ii) establish and maintain institutions for religious or charitable purposes. and (iii) acquire. hold and administer property.The Malaysian Constitution Fundamental Liberties Right to manage Religious Affairs and Institutions Article 11(3) Every religious group has the right to: (i) manage its own religious affairs. own. 73 . The Malaysian Constitution Fundamental Liberties Right to establish Religious Schools Article 12(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion. 74 . for these purposes. the religion of a person under 18 shall be decided by his parent or guardian. 75 . or take part in any ceremony or act of worship of.The Malaysian Constitution Fundamental Liberties No compulsory Religious Education and Ceremonies in another Religion Article 12(3)/(4) No one shall be required to receive instruction in. a religion other than his own and. The Malaysian Constitution Right to Property Fundamental Liberties Fundamental Liberties Article 13(1)* No person shall be deprived of property save in accordance with law. * Not applicable to laws passed under Article 149 or Article 150 76 . The Malaysian Constitution Fundamental Liberties No Compulsory Acquisition without adequate Compensation Article 13(2)* No law shall provide for the compulsory acquisition or use of property without adequate compensation. * Not applicable to laws passed under Article 149 or Article 150 77 . An Introduction to the Malaysian Constitution 8 Legislative Provisions THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 78 [email protected] . Step 2 The Bill is then passed by the other Dewan. it shall @ 79 . # * The Dewan Negara cannot originate Bills relating to taxation. Federal loans and guarantees.68 Passed by Dewan Rakyat Passed by Dewan Negara* Passed by Dewan Negara# Passed by Dewan Rakyat Step 1 The Bill is first passed by the Dewan Rakyat or the Dewan Negara.The Malaysian Constitution Legislative Provisions Procedures for making Federal law Articles 66 . The Dewan Negara’s refusal to pass a Bill (other than Constitutional amendment bills) may be by-passed under the procedures described in Article Assented to by the Yang diPertuan [email protected] Federal Law Step 3 Lastly the Yang di-Pertuan Agong assents to the Bill. the Consolidated If the Yang diPertuan Agong does not assent to a Bill within 30 days after it has been presented to him. 80 .The Malaysian Constitution Legislative Provisions Federal and State Legislative Powers Articles 74 .79 Parliament may make law in respect of matters in the Federal List (1) and the Concurrent List (3) State Legislatures may make law in respect of matters in the State List (2) and the Concurrent List (3)  Legislative Areas 1 Federal List (Parliament) 2 3 Concurrent List (Parliament and State) State List (State Legislature) Residual Legislative Power of State (Article 77) The State legislatures have the power to make laws on matters not set out in any of the three lists Federal law will prevail over State law in the event of any inconsistencies. commerce and industry • Shipping. currency) • Trade. communication and transport. Federal Legislative List 9th Schedule. education • Medicine • National holidays • Newspapers and publications • For the full list see List I of the 9th Schedule of the Defence Criminal Law Citizenship Finance Currency Communicat ions 81 . defence. such as: • External affairs. List I Parliament may make laws on matters in the Federal List.The Malaysian Constitution Legislative Provisions 1. internal security • Civil and criminal laws • Federal citizenship • Finance (incl. The Malaysian Constitution Legislative Provisions 2.g. such as: • Islamic law and personal and family law of Muslims • Syariah courts • Forestry • Land • Local government • Local services e. of the Laws for Muslims Syariah Court Land Forestry Mining Libraries 82 . State Legislative List 9th Schedule. markets • Mining • Libraries • For the full list see List II of the 9th Sch. List II States may make laws for their own States on matters in the State List. such as: • Social welfare. scholarships • National parks • Prevention of cruelty to animals • Fire safety measures • Town and country planning • Culture and sports • Housing • Water supplies and Water Supplies Fire Safety Heritage National Parks Sports Housing 83 . Concurrent Legislative List 9th Schedule. List III Parliament and States may (for their own states) make laws on matters in the Concurrent List.The Malaysian Constitution Legislative Provisions 3. An Introduction to the Malaysian Constitution 9 Islam. Islamic Law and Syariah Courts THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 84 [email protected] . The Malaysian Constitution Islam. 85 . Islamic Law and Syariah Courts Religion of Malaysia Article 3 Islam is the religion of Malaysia. This law has not derogated from the Constitution.g. But this does not affect the other provisions of the Constituti on derogate |ˈderəˌgāt|Verb [ intrans. ] ( derogate from) deviate from (a set of rules or agreed form of behavior) : e. will not apply to Muslims if they are subject to an equivalent Islamic law. # For the Federal Territories. Islamic law comes under Federal jurisdiction (para 4(k) of the Federal List) 86 .The Malaysian Constitution Islam. such as those relating to family and personal law. Islamic Law and Syariah Courts Relationship between secular law and Islamic law e t a t S Secular law Islamic law Secular law applies to everyone* NonMuslim Mus Islamic laws apply to Muslims only lim * Certain types of secular law. Fitrah and Baitulmal 4. Control of propagating other religions amongst Muslims e t a t S Islamic law Mus lims only 87 .The Malaysian Constitution Islam. Offences by Muslims against the percepts of Islam but not including matters in the Federal List (“Islamic offences”) 6. trusts and institutions 3. Islamic law and personal and family law of Muslims 2. Zakat. Islamic Law and Syariah Courts Constitutionally permitted Islamic Laws th Schedule) (Para 1 of the State List. Islamic charities. Mosques 5. Wakafs. Syariah courts 7. 9th Islamic laws do not apply to nonMuslims NonMuslim Under the Constitution. States can only make Islamic law in these areas: 1. 9th Schedule) Criminal offences e t a t S l a r e Fed Islamic offence Islamic s offences* Secular Criminal law offences appliesapply to to everyone* everyone NonMuslim Mus lim apply to Muslims only * Means offences by Muslims against the percepts of Islam. Islamic Law and Syariah Courts Relationship between criminal and Islamic offences (Para 4 of the Federal List and Para 1 of the State List. Does not include criminal offences 88 which is under .The Malaysian Constitution Islam. fine or number of whips allowed for such offences exceed e t a t S Islamic offence s Mus lims only 89 . 9th Schedule Jail Fine Whipping Max: Max: Max: 3 years RM5.000 6 whips Constitutionally.The Malaysian Constitution Islam. Syariah Courts have no jurisdiction over Islamic offences unless authorised by federal law: the Syariah Courts (Criminal Jurisdiction) Act 1965 permits such courts to try Islamic offences but not if the maximum jail term. Islamic Law and Syariah Courts Syariah Courts – Jurisdiction for Islamic Offences Paragraph 1 of the State List. described in the previous slides. and • only in respect of Constitutionally permitted Islamic laws. including Islamic offences. 9th Schedule The Constitution gives Syariah Courts power over: • Muslims only.The Malaysian Constitution Islam. e t a t S Islamic law Mus lims only 90 . Islamic Law and Syariah Courts Syariah Courts – Jurisdiction Paragraph 1 of the State List. com .An Introduction to the Malaysian Constitution 10 Special and Emergency Powers THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 91 [email protected] The Malaysian Constitution Special and Emergency Powers Laws against Subversion etc. and certain other matters. 5 (Liberty of Person). Art 10 (Freedom of Speech) and Art 13 (Rights to Property). actions prejudicial to public order. Examples • Security Offences (Special Measures) Act 2012 – Measures include the power to arrest a person for up to 28 days for the purpose of investigations for security offences • Dangerous Drug (Special 92 Act Preventive Measures) . Special Laws under Article 149 • A law may be inconsistent with a number of fundamental liberties* if it is passed to stop or prevent subversion. Article 149 * The ISA has been repealed and replaced by the Security Offen ces ( Special Measur es) Act 2012 Art. such as the promotion of hostility between races. Art 9 (Banishment/ Freedom of Movement). economic life or public order of the country. • The YDPA’s decision cannot be challenged in any court under any 93 .The Malaysian Constitution Special and Emergency Powers Emergency Powers Article 150 Proclamation of Emergency • The Yang di-Pertuan Agong (YDPA) may issue a Proclamation of Emergency if he is satisfied that a grave emergency exists which threatens the security. Parliament may pass emergency laws. 2.The Malaysian Constitution Special and Emergency Powers Emergency Powers Article 150 Emergency Laws and Powers During an emergency: 1. Such ordinances and laws must not violate any Islamic law or any provisions in the Constitution relating to religion. The YDPA may promulgate emergency ordinances. citizenship or 94 . either by the Courts or by Parliament.Sarawak only. 1964 . PC Teh v PP The Privy Council held that the 1969 emergency declaration had by implication revoked the 1964 emergency.Kelantan only. four emergencies have been proclaimed and all have been revoked. due to a state political crisis 1957 -Merdeka 1950 Dewan Rakyat 1970 1969 Nationwide emergency due to the May 13 riots 1980 95 .Nationwide emergency due to the IndonesiaMalaysia confrontation 1960 1966 .The Malaysian Constitution Special and Emergency Powers Emergency Powers Article 150 Since Merdeka. See paragraph 17 of Lord Diplock’s judgment. due to the Stephen Kalong Ningkan political crisis 24 Nov 2011 Dewan Negara 20 Dec 2011 1977 . Advisory Board* Detaine e Representatio ns Chairman Member Recommendati ons Member * The Advisory Board is appointed by the YDPA. to tell the person detained why he or she is being detained and the allegations of facts on which the detention was made. Advisory Board • If a representation is made by a detainee who is a citizen. Court of Appeal or the Federal Court (or its predecessor) or is qualified to be such 96 a judge . This process must usually be completed within 3 months of the representations being received. as soon as possible. but may be extended by the YDPA. Its Chairman must be a person who is a current or former judge of the High Court. so long as the disclosure of such facts is not against national security. it will be considered by an Advisory Board which will then make recommendations to the Yang diPertuan Agong (YDPA). • The detainee has the right to make representations against the detention.The Malaysian Constitution Special and Emergency Powers Restrictions on Preventive Detention Article 151 Grounds of Detention and Making of Representations • The authorities are required. com .An Introduction to the Malaysian Constitution 11 Malays and Article 153 THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 97 [email protected] on or after Merdeka Merdeka Day • Populatio Is a descendant of a person who is from the above Merdeka Population n 98 . a “Malay” is a person who satisfies two sets of requirements: Religion and Culture Follows Malay customs Persons born before • Is a person who: Day • (a) was domiciled in the Federation orMerdeka Singapore on Merdeka Merdeka Day. Populatio • (b) was born in the Federation* or Singapore before n Merdeka Day.The Malaysian Constitution Malays and Article 153 Malay Article 160(2) 2 Habitually speaks Malay Federation/Singapore Roots Customs Is a Muslim Language 1 Religion Constitutionally. • (c) was born before Merdeka Day of parents one of whom was born in the Federation* or Singapore o r Descend ant of Persons born before. 160(2). A Malay. Race: Malay Race: Malay Race: NonMalay This Malay person is a “Malay” under the Malaysian Constitution This Malay person is a not a “Malay” under the Malaysian Constitution but remains a person of This non-Malay the Malay person race is a “Malay” under the Malaysian Constitution 99 .The Malaysian Constitution Malays and Article 153 Malay Article 160(2) A person’s race is not relevant in determining whether one is a “Malay” under the Constitution. Indian or person of any other race will become a “Malay” under the Constitution if he or she meets all the requirement of Art. Chinese. to: 1 Generally.The Malaysian Constitution Malays and Article 153 Article 153 – Special Position of Bumiputras Malays and natives of Sabah and Sarawak (collectively “bumiputras”) occupy a “special position”. which provides that: Art 153* The YDPA must exercise his constitutional functions. The Yang di-Pertuan Agong (YDPA) is required to safeguard their special position in accordance with Article 153. Federal trade or business licences Tertiary education enrollment * Special Notes • The YDPA must act in accordance with Cabinet advice (Article 40 and153(2)) • Article 153 can only be amended with the consent of the Conference of Rulers (Article 159(5)) • State Constitutions may include an equivalent of Article 153 (Article 153(10)) 100 • The YDPA must also safeguard the legitimate interests of other communities in accordance with . safeguard the special position of bumiputras 2 Specifically. establish quotas for bumiputras in: Federal public service positions Federal scholarships etc. and his executive functions under federal law. already enjoyed by such person Laws reserving quotas in trade licences and permits may not deprive any person of any right. permit or licence already enjoyed or held by him or authorise a refusal to renew such person's license or permit 101 . the Yang di-Pertuan Agong (YDPA) is also responsible for safeguarding the “legitimate interests” of other communities in accordance with Article 153. which provides that: Article 153 The YDPA has the responsibilit y for safeguardin g of the legitimate interests of other communitie s in accordance with Article 153: Parliament may not restrict any business or trade solely for bumiputras Civil servants must be treated impartially regardless of race Article 153 cannot deprive any person of any public office already held by such person No person may be deprived of any federal scholarship etc.The Malaysian Constitution Malays and Article 153 Art. 153 – Legitimate interests of other Communities Whilst safeguarding the special position of bumiputras. privilege. An Introduction to the Malaysian Constitution 12 Citizenship THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 102 [email protected] . The Malaysian Constitution Citizenship Citizenship Articles 14 – 28A and the Second Schedule Malaysian citizenship may be acquired: By Operation of Law By Registration By Naturalisation By Incorporation of Territory For more info please contact: 103 . (Para 1(1)(c) of Part I of the 2nd Schedule) Every person born in the Federation after Sept 1962 who was not born a citizen of any other country.The Malaysian Constitution Citizenship Citizenship by Operation of Law Article 14 and the Second Schedule For Person s born before Malays ia Day Every person who immediately before 31 Aug 1957 was a citizen of the Federation under the Federation of Malaya Agreement 1948. (Para 1(1)(a) of Part I of the 2nd Schedule) Every person born in the Federation on or after 31 Aug 1957 and before Oct 1962. (Para 1(1)(c) of Part I of the 2nd Schedule) 104 . (Para 1(1)(b) of Part I of the 2nd Schedule) Every person born in the Federation after Sept 1962 of whose parents one at least was at the time of the birth either a citizen or permanent resident of the Federation. if it occurred in Singapore.The Malaysian Constitution Citizenship Citizenship by Operation of Law (cont’d) Article 14 and the Second Schedule For Person s born before Malays ia Day Every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in the Federation or was at the time of the birth in service under the Government of the Federation or a State. . Brunei or North Borneo. Sarawak. within one year of its occurrence or within such longer period as is in any particular case was or is allowed by the Federal Government. registered at a consulate of the Federation or. registered with the Federal 105 Government. or is. (Para 1(1)(d) of Part I of the 2nd Schedule) Every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth. if the birth was. (Para 1(a) of Part II of the 2nd Schedule) Every person born within the Federation who is not born a citizen of any other country.The Malaysian Constitution Citizenship Citizenship by Operation of Law (cont’d) Article 14 and the Second Schedule For Person s born on or after Malays ia Day Every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation. (Para 1(e) of Part II of the 2nd Schedule) 106 . registered with the Federal Government. registered at a consulate of the Federation or. 1(d) of Part II of the Second Schedule) 107 . within one year of its occurrence or nd within such longer period as in any particular case is allowed by the Federal Government. (Para 1(c) of Part II of the 2nd Schedule) Every person born in Singapore of whose parent one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph (Para. or after or (Para 1(b) of Part II of the 2 Schedule) Every person born outside the Federation whose Malaysi father is at the time of the birth a citizen and a Day whose birth is. if it occurred in Brunei or such territory as may be prescribed by the YDPA.The Malaysian Constitution Citizenship Citizenship by Operation of Law (cont’d) Article 14 and the Second Schedule Every person born outside the Federation whose For is at the time of the birth a citizen and Persons father either was born in the Federation or is at the born on time of the birth in the service of the Federation of a State. 108 . Any foreign wife of a Malaysian citizen (the marriage must have been registered under Malaysian law) is entitled to be registered as a citizen if at the beginning of October 1962. (a) the marriage was subsisting and (b) her husband was a citizen. and is of good character.The Malaysian Constitution Citizenship Citizenship by Registration Article 15 For Foreig n Wives of Citizen s Any foreign wife of a Malaysian citizen (the marriage must have been registered under Malaysian law) is entitled to be registered as a Malaysian citizen if she satisfies the Federal Government that she has resided in Malaysia “throughout” the two years preceding her citizenship application and intends to do so permanently. The Malaysian Constitution Citizenship Citizenship by Registration (cont’d) Article 15 109 . The Malaysian Constitution Citizenship Citizenship by Registration (cont’d) Article 16 110 . The Malaysian Constitution Citizenship Citizenship by Registration (cont’d) Article 16A Note: This right expired on September 1971. 111 . The Malaysian Constitution Citizenship Citizenship by Naturalisation Art 19 #1: Must have resided in Malaysia for at least 10 years during the period of 12 years before the date of the citizenship application. and Y1 Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 Y10 Y11 Y1 2 #2: Must have resided in Malaysia during the 12 months before the date of the citizenship application 112 Date of applicat ion . The Malaysian Constitution Citizenship Citizenship by Incorporation of Territory Article 22 113 . An Introduction to the Malaysian Constitution 13 Elections THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 114 [email protected] . as a constitutional monarch. is required to act on the advice of the PM 115 . through this process: PM * The YDPA.The Malaysian Constitution Elections Election Commission (EC) Articles 113 and 114 The 7 members of the EC are in effect appointed by the Prime Minister. their remuneration and other terms of appointment cannot be altered to their detriment. senators or State legislative assembly members Furthermore. 116 . such as infirmity of mind or bankruptcy • cannot be MPs. its members: • cannot be removed except on exceptional grounds.The Malaysian Constitution Elections Election Commission (EC) Articles 113 and 114 Security of Tenure To enhance the independence of the Election Commission. The Malaysian Constitution Elections Election Commission’s Main Functions Articles 113 and 114 117 . 116.The Malaysian Constitution Elections Review of Constituencies Articles 113. Review I (To take no more than 2 years) Period between reviews 8 to infiniti years Minimum 8 years. Para 2 Review of Federal and State Constituencies The EC has the discretion to decide when to conduct reviews of constituencies and recommend changes. However. 117 and 13th Schedule. No Review II (To take no more than 2 years) maximum. a review must be done within 2 years. (Art 113(2)(ii)) 118 . There must be at least 8 years between the end of one review and the start of the next but there is no maximum period between them (Art 113(2)(ii)). once started. 116.The Malaysian Constitution Elections Review of Constituencies Articles 113.1 17 and 13th Schedule. Para 2 1 2 3 4 5 119 . The Malaysian Constitution Elections Federal Constituencies Article 46 Currently, the Constitution fixes the number of federal constituencies at 222, divided as follows: Kedah Perlis 15 3 Penan g 13 Kelant an Terengg anu Labuan 8 1 14 Pahang Perak 24 14 Selang or Johor 26 22 K. Lumpur 11 Putraja ya 1 N. Sembila n Malacc a 6 Sarawa k 120 31 Sabah 25 The Malaysian Constitution Elections Voters Article 119 A citizen may vote in an election if he or she: “Qualifying date” means the date on which the person applies for registration as a voter “Absent voter” means any citizen who is registered as an absent voter for a constituency How to Register? For information on how to register as a voter, please visit http:// www.spr.gov.my 121 An Introduction to the Malaysian Constitution 14 Constitutional Amendments THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 122 [email protected] The Malaysian Constitution Constitutional Amendments Constitutional Amendment Process Articles 159 – 161E The Constitution may be amended by Federal law passed in accordance with these additional requirements: Conference of Rulers Yes ≥ 2/3* Yes ≥ 2/3* * Except for certain minor amendments, an absolute majority of 2/3rds of the total number of members of each House is required. This means that for the Dewan Rakyat at least 148 of its 222 members must vote in favour and for the Dewan Negara, 47 out of 70 must vote in favour. Only for amendments pertaining to: • The Federal guarantee of State Constitutions • The status of Islam • The special position of bumiputras • The Malay language as the official language • Others (see Article 159(5) for the full list) State of Sabah or Sarawak or their Yang diPertua Negeri Only for amendments 123 pertaining to: • The High Court of Sabah and Sarawak See pages 209 – 229 of the Reprint 42 30 397 40 48 Formation of Malaysia Singapore Independence Creation of Federal Territories Creation of Two Tier Appeal Courts Modernising Terms eg " to " Other Amendments 124 .The Malaysian Constitution Constitutional Amendments Statistics on Constitutional Amendments 28 % 7% 6% Breakdown of Constitutional Amendments * 118 * Based on the annotations to the 2006 Reprint of the Fede ral Constitution Methodology: Each amended Article pursuant to an amending legislation count as one individual amendment. An Introduction to the Malaysian Constitution 15 Other Provisions THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY Send your feedback and comments to 125 [email protected] . and includes any purpose of a public authority 3 126 .The Malaysian Constitution Other Provisions National and Other Languages Article 152 1 2  Official purposes means any purpose of the Government. whether Federal or State. known as the Consolidated Fund. All withdrawals must be done in accordance with the Constitution. All revenues and moneys howsoever raised or received by the Federation Federal Consolidated Fund IN Specimen OU T Authorised payments. such as: • Annual budget expenditure • Pensions • National debt charges 127 .The Malaysian Constitution Other Provisions Consolidated Fund Articles 97 .103 All moneys received by the Federal Government must be paid into a single fund. The Malaysian Constitution Other Provisions Attorney General Article 145 http://www. The AG’s decisions on whether or not to prosecute someone cannot be challenged in Court.my Appointment and Removal The Attorney General (AG) is appointed by the Yang di. the AG’s roles include advising the Executive on legal matters. As public prosecutor.agc. Duties Amongst other things. 128 .Pertuan Agong (YDPA) on the advice of the Prime Minister. native court or court martial.gov. the AG has full discretion in instituting proceedings for offences committed except for those under the jurisdiction of the Shariah court. and remains as Attorney General at the pleasure of the YDPA. Click to read the Auditor General’s 2010 Audit Report on the Federation.my Appointment and Removal The Auditor General is appointed by the YDPA on the advice of the Prime Minister. after consulting the Conference of Rulers. The Auditor General shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court. National Feedlot Corp’s report on pages 135 147.The Malaysian Constitution Other Provisions Auditor General Articles 105/6 http://www. The reports of the Auditor General must be presented to the Dewan Rakyat. Powers and Duties The Auditor General audits and reports on the accounts of the Federation and the States. 129 .gov.audit. such as a High Court judge has failed to lodge any return of election expenses has voluntarily acquired a foreign citizenship or declared allegiance to a foreign country or exercised rights of citizenship of a foreign country has been convicted and sentenced to: • imprisonment for a term of not less than 130 one year or .The Malaysian Constitution Other Provisions Disqualification of MPs and Senators Article 48 A member of the Dewan Negara or Dewan Rakyat is disqualified if he or she: • • • • • • is of unsound mind is an undischarged bankrupt holds an office of profit in the public services. signed resignation letter which the party can submit to the House without the member’s further consent? A: No.vs . Q: Can an MP or Exco member give his or her party an undated. The Federal Court held that this type of arrangement is void and unenforceable.Sinyium Mutit [1983] 1 MLJ 36 (Salleh Abbas FJ) MP/ Exco membe r Date:______ To Speaker of House I hereby tender my resignation from being a member of this House with immediate effect. by member Politic al Party Parliame nt or State Legislati ve Council 131 . Yours faithfully Sgd. See Ong .The Malaysian Constitution Other Provisions Resignation of MPs and Senators Article 51 A member of the Dewan Negara or Dewan Rakyat may voluntarily resign as an MP or Senator at any time. The Malaysian Constitution Other Provisions National Land Council Article 91 Yes ≥ 2/3* Yes ≥ 2/3* 132 . The Malaysian Constitution Other Provisions National Council for Local Government Article 95A Yes ≥ 2/3* Yes ≥ 2/3* 133 . 148 The Constitution establishes the following public services: 1 Armed Forces 2 Judicial and Legal Service 3 General Public Service 4 Police Force 5 Joint Public Services 6 States’ Public Services 7 Education Service 134 .The Malaysian Constitution Other Provisions Public Services Articles 132 . perlembagaanku .com A national campaign to educate the Malaysian public and create greater awareness about the Federal Constitution.The Malaysian Constitution Further Reading Bahasa Malaysia text of the Constitution English text of the Constitution Document of Destiny – The Constitution of the Federation of Malaysia by Shad Saleem Faruqi The Constitution of Malaysia A Contextual Analysis by Andrew Harding Constitutional Landmarks in Malaysia Editors Harding and Lee www. 135 . The Malaysian Constitution Search Homepage: http://www.slideshare.net/mbl2020 Send your feedback and comments to [email protected] 136 . Just click here.The Malaysian Constitution Survey SURVEY Please help us improve this Introduction by completing a one minute survey. Thanks! 137 . of acting or refraining from action on the basis of any matter contained in this presentation is expressly disclaimed by the author. Send your feedback and comments to [email protected] All liability arising as a result.  It does not purport to be comprehensive or accurate and it does not constitute legal advice. Please seek your own legal advice for any constitutional law matter.com 138 . directly or indirectly.The Malaysian Constitution Disclaimer This presentation is a free educational guide to understanding the Federal Constitution of Malaysia.
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