Jonah Patel
The Constitution of Malaysia, which came into force in 1957, is the supreme law of the nation. It establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, and provides for the establishment and organisation of the legislative, executive, and judicial branches of the government. The Constitution sets out fundamental liberties and rights for Malaysian citizens, including freedom of speech, assembly, and movement, as well as protection against discrimination and retrospective criminal laws. It also recognises the uniqueness of regions like Sabah, Sarawak, and Singapore, granting them special autonomy within the Federation. The Constitution has been amended multiple times, most notably in 1963 to admit Sabah, Sarawak, and Singapore as member states and change the name of the Federation to Malaysia.
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What You'll Learn
- The Constitution is the supreme law of Malaysia
- It establishes Malaysia as a constitutional monarchy
- It outlines the fundamental liberties and rights of Malaysian citizens
- It recognises the uniqueness of certain regions and grants them special autonomy
- It provides for the establishment and organisation of the three branches of the government
The Constitution is the supreme law of Malaysia
The Constitution is foundational and fundamental to the nation and its people, providing a framework and basic structure for governance. It establishes three main branches of the government: the bicameral legislative branch, called Parliament; the executive branch; and the judicial branch. The Constitution also outlines the division of legislative, executive, judicial, and financial powers between the Centre and the States, with more weightage given to the Centre.
The Constitution guarantees fundamental liberties and rights for Malaysian citizens. Articles 5 to 13 cover areas such as liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, freedom of movement, freedom of speech, assembly and association, freedom of religion, rights in respect of education, and property rights. Article 3(1) declares Islam as the official religion of the Federation, and Shariah law is applicable in Malaysia, mainly following the Shafie school of Islam.
The Constitution can be amended through an Amendment Act supported by two-thirds of the members of Parliament. As of February 2023, there have been 61 amendments to the Constitution since its enactment in 1957. The amendments have accommodated the addition of new member states, such as Sabah, Sarawak, and Singapore, and changes to the nation's name from the Federation of Malaya to Malaysia.
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It establishes Malaysia as a constitutional monarchy
The Federal Constitution of Malaysia, which came into force in 1957, establishes Malaysia as a constitutional monarchy. This means that the country is a monarchy in which the powers of the monarch are regulated by a constitution.
The constitution outlines the division of legislative, executive, judicial, and financial powers between the Centre and the States, with the weightage heavily in favour of the Centre. This division is protected by the Constitution, and judicial review is available if federal or state agencies exceed their powers.
Malaysia's constitutional monarchy is unique in that it has nine hereditary sultans who elect from among themselves a 'Yang di-Pertuan Agong' for a five-year term. The Yang di-Pertuan Agong is the King and the head of state of Malaysia. The throne rotates every five years, after which a new Yang di-Pertuan Agong is elected, allowing each ruler the opportunity to play a role on the national stage.
The Yang di-Pertuan Agong has largely ceremonial roles, including being the Commander-in-Chief of the Malaysian Armed Forces and carrying out diplomatic functions such as receiving foreign diplomats and representing Malaysia on state visits. The Yang di-Pertuan Agong is also the Head of the Islamic religion in his own state, the four states without rulers (Penang, Malacca, Sabah, and Sarawak), and the Federal Territories.
The Constitution provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the Senate and the House of Representatives. The Yang di-Pertuan Agong has the right to summon, prorogue, or dissolve Parliament.
The constitutional monarchy system in Malaysia is a combination of the Westminster parliamentary system with features of a federation. The nine Malay states are constitutionally headed by traditional Malay rulers, collectively referred to as the Malay states. The rulers serve as constitutional heads of their states, with state executive powers exercised by state governments elected by the people.
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It outlines the fundamental liberties and rights of Malaysian citizens
The Constitution of Malaysia is the supreme law of the country and outlines the fundamental liberties and rights of Malaysian citizens. It establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, and provides for the establishment and organisation of the legislative, executive, and judicial branches of the government.
The Constitution guarantees several fundamental liberties and rights for Malaysian citizens. Articles 5 to 13 of the Constitution outline these liberties and rights, which include:
- Liberty of the person, including freedom from unlawful detention, the right to be informed of the reasons for arrest, and the right to legal representation.
- Prohibition of slavery and forced labour, with exceptions for compulsory national service or work related to a criminal sentence.
- Protection against retrospective criminal laws and repeated trials, ensuring that individuals cannot be punished for actions that were not offences at the time they were committed.
- Equality before the law and non-discrimination on the basis of religion, race, descent, gender, or place of birth.
- Prohibition of banishment and freedom of movement within the country, with certain restrictions for citizens from Peninsular Malaysia travelling to Sabah and Sarawak.
- Freedom of speech, assembly, and association, although these freedoms may be restricted by Parliament for reasons of national security, public order, morality, or to protect the privileges of Parliament and the judiciary.
- Freedom of religion, with Islam recognised as the official religion of the Federation, while allowing the practice of other religions in peace and harmony.
- Rights in respect of education, including the right to establish private educational institutions while complying with relevant regulations.
- Rights to property.
These rights and liberties are subject to limitations and exceptions outlined in the Constitution and subsequent amendments. The interpretation and application of these rights have also been the subject of court cases and legal discussions in Malaysia.
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It recognises the uniqueness of certain regions and grants them special autonomy
The Malaysian Constitution recognises the uniqueness of certain regions, such as Sabah, Sarawak and Singapore, and grants them special autonomy. This is because these regions exhibit significant differences from the rest of the country. When the Federation of Malaya merged with these three states in 1963 to form Malaysia, they were admitted on more favourable terms than the peninsular states had been in 1957. This was due to the recognition of their distinctiveness and the need to maintain unity in diversity.
The Malaysian Constitution, which came into force in 1957, establishes the Federation as a constitutional monarchy with the Yang di-Pertuan Agong as the Head of State, a largely ceremonial role. The Constitution provides for the establishment and organisation of the legislative, executive, and judicial branches of the government. It also outlines the fundamental liberties and rights of Malaysian citizens, including freedom of speech, assembly, and movement, as well as protection against banishment.
The recognition of the uniqueness of Sabah, Sarawak, and Singapore is reflected in the Constitution's provisions regarding their special rights and autonomy. For example, the Constitution allows for the creation of Shariah courts in these states, recognising the importance of Islam in the region. Additionally, the Constitution grants the Yang di-Pertuan Agong the power to grant pardons, reprieves, and respites for offences tried by court-martial and committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.
The Malaysian Constitution has undergone numerous amendments to accommodate territorial changes, such as the admission of new states and the creation of Federal Territories. The inclusion of Sabah, Sarawak, and Singapore as member states in 1963, in particular, required a significant number of amendments to address the unique characteristics of these states. These amendments demonstrate the Constitution's adaptability to the evolving landscape of the nation.
The special autonomy granted to certain regions in Malaysia is a testament to the country's commitment to recognising and preserving the distinctiveness of its diverse regions. By granting favourable terms and special rights, Malaysia ensures that these regions can maintain their unique identities while still being part of a unified nation. This approach to governance fosters inclusivity and representation, allowing for the accommodation of varying cultural, social, and legal traditions within the broader framework of the Malaysian Constitution.
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It provides for the establishment and organisation of the three branches of the government
The Constitution of Malaysia is a document of paramount importance, outlining the rights and liberties of citizens and providing for the establishment and organisation of the three branches of the government. The three branches of the government in Malaysia are the legislative branch, the executive branch, and the judicial branch.
The legislative branch, or Parliament, is bicameral, consisting of the House of Representatives (Dewan Rakyat) and the Senate (Dewan Negara). The Dewan Rakyat is the lower house of Parliament, with 222 members elected from single-member districts by universal suffrage. The Dewan Negara, or the upper house, has 70 members, 26 of whom are elected by the 13 state assemblies, and 44 are appointed by the Yang di-Pertuan Agong, the King of Malaysia, on the advice of the Prime Minister.
The executive branch is led by the Prime Minister, who is the head of the Cabinet and the government. The Prime Minister is appointed by the Yang di-Pertuan Agong and must be a member of the lower house of Parliament, commanding a majority in Parliament. The Cabinet is chosen from members of both houses of Parliament and is collectively responsible to Parliament.
The judicial branch is responsible for administering justice and interpreting the law. The Federal Court is the highest court in the land, followed by the Court of Appeal and two High Courts, one for Peninsular Malaysia and one for East Malaysia. The subordinate courts include Sessions Courts, Magistrates' Courts, and Courts for Children. The judiciary operates as a federalised court system, ensuring uniform application of laws throughout the country.
The Constitution ensures the separation of powers between these three branches, providing a framework for checks and balances and promoting good governance and accountability. It outlines the powers and responsibilities of each branch, ensuring that no single branch holds excessive power.
In conclusion, the Constitution of Malaysia plays a crucial role in establishing and organising the three branches of the government. By providing a clear structure and division of powers, it helps maintain the balance of power, prevent abuse, and promote effective governance in the country.
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Frequently asked questions
The Constitution of Malaysia is the supreme law of the nation, outlining the fundamental liberties and rights of its citizens. It establishes the framework for governance, including the legislative, executive, and judicial branches, and defines the roles of each. The Constitution also sets forth the official religion of the Federation as Islam while guaranteeing freedom of religion for all citizens.
The Constitution of Malaysia guarantees several fundamental liberties for its citizens, including liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality before the law, freedom of movement, freedom of speech, assembly, and association, right to education, and property rights.
The Constitution of Malaysia has undergone amendments to accommodate the inclusion of new member states, such as Sabah, Sarawak, and Singapore, in 1963, resulting in the formation of the enlarged nation of Malaysia. As of February 2023, there have been 61 amendments to the Constitution, reflecting the evolving nature of the nation's laws and governance.
The Constitution of Malaysia can be amended through an Amendment Act supported by at least two-thirds of the members of Parliament, as outlined in Article 159. This process allows for the adaptation of the nation's fundamental laws to meet the changing needs and dynamics of the country.
