Malcolm Rivera
In Malaysia, the Federal Constitution is the supreme law of the land, coming into force in 1957. It is a written constitution, outlining the structure of the government and the separation of powers between federal and state authorities. The Constitution is considered a 'higher law' and is used to measure the validity of all other laws. This means that any law inconsistent with the Federal Constitution may be challenged in court, and the doctrine of parliamentary supremacy does not apply. This essay will explore the concept of constitutional supremacy in Malaysia, including its implications and limitations.
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What You'll Learn
The Federal Constitution is the supreme law of Malaysia
In Malaysia, the Federal Constitution is the supreme law of the land. It is a written constitution that came into force in 1957 and is the fundamental law of the country. The Constitution establishes Malaysia as a constitutional monarchy and outlines the structure of the government, including the separation of powers between federal and state authorities. It also allocates legislative powers between the federal and state parliaments according to three lists: federal, state, and concurrent.
The supremacy of the Federal Constitution is set out in Article 4(1), which states that it is the "supreme law of the Federation" and that any law passed after Merdeka Day that is inconsistent with the Constitution is void. This means that the Constitution is the highest law of the land, above all other laws, and it is used to measure the validity of all other laws. The doctrine of parliamentary supremacy, as seen in the UK, does not apply in Malaysia because of the existence of a written constitution. Instead, the power of Parliament and State Legislatures in Malaysia is restricted by the Federal Constitution, and they cannot make any laws that contradict it.
The Federal Constitution guarantees the rights of the people and serves as the fundamental or basic rules governing the affairs of the state. It has been amended over time to reflect the country's evolving political landscape. For example, Article 10 of the Federal Constitution provides for freedom of speech, assembly, and association. However, it is important to note that these freedoms are limited by the Sedition Act, which makes it an offence to utter or publish words with a seditious tendency.
The doctrine of constitutional supremacy in Malaysia has two key implications. Firstly, the Constitution is the highest law of the land, as previously mentioned. Secondly, Parliament has limited and defined powers that are subject to the Constitution. This means that the Constitution regulates the powers of the legislature and other authorities, and any laws or acts inconsistent with it are null and void.
In conclusion, the Federal Constitution of Malaysia is the supreme law of the land, and it plays a crucial role in upholding the rights of citizens and maintaining the structure and functions of the government.
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The Constitution is the highest law of the land
In Malaysia, the Federal Constitution is the supreme law of the land, coming into force in 1957. It is a written constitution, and as such, it is the fundamental law of the land, a 'higher law' which is used to measure the validity of all other laws. The doctrine of parliamentary supremacy does not apply in Malaysia, as its constitution is written, unlike in the United Kingdom.
The Malaysian Federal Constitution establishes the country as a constitutional monarchy, outlining the structure of the government and the separation of powers between federal and state authorities. It guarantees the rights of the people and does not impose any limitations or restrictions on these rights. For example, the media has the freedom to publish news and criticise the government without fear of being sued.
> "this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void".
Parliamentary powers are limited and defined by the Constitution, and all institutions created by the Federal Constitution are subject to its provisions.
However, it is important to note that constitutional supremacy in Malaysia is largely notional, with courts often shunning opportunities to assert it. Judicial review of legislation on constitutional grounds is not a significant aspect of Malaysian constitutional jurisprudence.
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Parliament has limited powers
In Malaysia, the Federal Constitution is the supreme law of the land, which came into force in 1957. It is a written constitution, unlike the unwritten constitution of the United Kingdom, and it outlines the structure of the government and the separation of powers between federal and state authorities. The Constitution allocates legislative powers between the federal and state parliaments according to three lists: federal, state, and concurrent.
The supremacy of the Federal Constitution is set out in Article 4(1), which states that "this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void". This means that the Constitution is the highest law of the land, above all other laws, and any law inconsistent with it may be challenged in court.
The doctrine of Parliament supremacy, as applicable in the UK, does not apply in Malaysia because of the existence of a written Constitution. Instead, the power of Parliament and State Legislatures in Malaysia is restricted and controlled by the Federal Constitution, and they cannot make any laws as they please. The legislative powers of Parliament are limited and defined by the Constitution, and it is subject to the provisions of the Constitution.
While the Constitution guarantees the rights of the people and does not impose any limitations or restrictions on these rights, in practice, there are some restrictions on certain freedoms, such as freedom of speech. For example, the Sedition Act in Malaysia guards the limitations of freedom of speech, making it an offence to utter or publish words with a seditious tendency.
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The Constitution guarantees fundamental rights and liberties
The Federal Constitution of Malaysia is the supreme law of the land, which came into force in 1957. It is a fundamental law that acts as a 'higher law' to measure the validity of all other laws. The Constitution guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.
Fundamental liberties in Malaysia are outlined in Articles 5 to 13 of the Constitution, encompassing a range of rights and freedoms. These include liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, prohibition of banishment and freedom of movement, freedom of speech, assembly and association, freedom of religion, rights in respect of education, and rights to property.
Article 5 of the Constitution enshrines basic fundamental human rights, such as the right to life and personal liberty, which can only be deprived in accordance with the law. It also guarantees the right of habeas corpus, where an unlawfully detained person may be released by the High Court. Additionally, individuals have the right to be informed of the reasons for their arrest and to be legally represented by a lawyer of their choice.
The Constitution also protects religious freedom. Article 12 states that every religious group has the right to establish and maintain institutions for the education of children in their religion. It also ensures that no person is required to participate in any religious ceremony or act of worship that is not their own.
The right to freedom of association is guaranteed in Article 10(c)(1), although it is subject to restrictions imposed by federal law on grounds of national security, public order, morality, labour, or education. The Supreme Court of Malaysia has upheld this right, ruling against an "anti-party hopping" provision in the Kelantan State Constitution that restricted assembly members' freedom to change their political parties.
The Constitution also addresses the sovereignty and rights of Malay Rulers within their respective states, including their position as the Head of the religion of Islam in their state. It guarantees their immunity from legal charges in their official capacities as Rulers, with any personal wrongdoing being addressed in a Special Court.
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The Constitution outlines the structure of the government
In Malaysia, the Federal Constitution is the supreme law of the land, which came into force in 1957. It is a written constitution, outlining the structure of the government and establishing the country as a constitutional monarchy. The Constitution provides the three main organs of the government: the executive, the legislature, and the judiciary.
The Constitution allocates legislative powers between the federal and state parliaments according to three lists: federal, state, and concurrent. It guarantees fundamental rights and liberties for Malaysian citizens, including freedom of speech, assembly, and association. However, these rights are subject to certain limitations, such as the Sedition Act, which restricts freedom of speech by making it an offence to utter or publish words with a seditious tendency.
The Constitution also outlines the separation of powers between federal and state authorities. This includes the unwritten, un-enumerated, non-textual, and implicit principles of separation of powers, check and balance, rule of law, and constitutionalism. The doctrine of pith and substance allows courts to examine laws based on their true purpose and effect, preventing "colourable legislation" beyond the legislature's authority.
The supremacy of the Constitution means that it is the highest law of the land, above all other laws, including pre-merdeka and post-merdeka laws, federal or state laws, and secular or religious laws. Any law inconsistent with the Federal Constitution may be challenged in court, and the Constitution regulates the powers of the legislature and other authorities. The doctrine of Parliament supremacy does not apply in Malaysia because the power of Parliament and State Legislatures is restricted by the Federal Constitution, and they cannot make laws as they please.
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Frequently asked questions
The Federal Constitution is the supreme law in Malaysia. It came into force in 1957 and is a written constitution.
The Federal Constitution outlines the structure of the government and the separation of powers between federal and state authorities. It also guarantees the fundamental rights and liberties of Malaysian citizens.
Constitutional supremacy means that the constitution is the highest law of the land, above all other laws. It also means that Parliament has limited powers that are subject to the Constitution.
The Federal Constitution provides the people of Malaysia with certain rights, such as freedom of speech, assembly, and association. However, these rights are subject to limitations, such as the Sedition Act, which restricts freedom of speech.
