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The Malaysian Constitution A collection of measures and guidelines for regulating the administration of a country which form the basis for making the laws.

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Presentation on theme: "The Malaysian Constitution A collection of measures and guidelines for regulating the administration of a country which form the basis for making the laws."— Presentation transcript:

1 The Malaysian Constitution A collection of measures and guidelines for regulating the administration of a country which form the basis for making the laws of the country so that the country could be run efficiently and fairly. Matters contained in the constitution include fundamental rights and freedom, responsibilities of various parties government and people, citizenship,

2 general election, judiciary, finance, distribution of power between state and federal government Present constitution based on Constitution of Federation of Malaya 1957. Carefully formulated taking into account status of ruler and people, the role and function of the ruler in the general government structure and strength. It also includes

3 autonomy of states with the federation, basic issues for the unity and stability of a multi-racial country, national language, religion, special needs and rights of Sabah and Sarawak Amendments could be made through specific processes in the Parliament to meet changing circumstances, demands and times.

4 History of our Constitution Malayan Union Constitution which was a combination of Internal Orders of the Malayan Union Executive Council and Internal Order of Royal Command. Cancelled when MU was dissolved. Replaced with Federation of Malaya Constitution (PTM) of 1948

5 1955 General Election. Alliance, a multi- racial party, won 51 of 52 seats. Victory created a need to draw up a new constitution for independent Federation of Malaysia to suit the needs of the people. Reid Commission formed with Lord Reid as head. It comprised legal experts, from United Kingdom, Australia, India and Pakistan. Approved by Queen and Malay Rulers. After a comprehensive study

6 taking into account views of groups, organization and individuals Constitution came into effect on 31 August 1957. April 1962 Cobbold Commission set up when Singapore, Sarawak and Sabah were to join Malaya in the federation. The existing constitution not suitable for a country with a wider diversity in local political and economic structure and

7 ethnic groups. After confirming the decision of the people to join the Federation, the new constitution was drafted. Federation of Malaya Parliament approved the Malaysia Act and amendments made to Article 1 (1) and (2) of 1957 Federation of Malaya Constitution. Came into effect on 16/9/1963. The Queen of England relinquished her power over Singapore, Sarawak and North Borneo.

8 These States became independent and joined Federation of Malaysia with a new constitution Aims of Constitution -To ensure administrative continuity and political stability. The Constitution stipulates that the country be governed by the party that gets the majority votes in the General Election.

9 This party will form the government. The YDPA will appoint the PM who in turn will advise the YDPA to form the cabinet. -To avoid from abuse of power or irregularity by ruling bodies like Legislature, Executive or Judiciary. Guidelines provided in the Constitution to carry out duties and responsibilities.

10 -To avoid from abuse of fundamental rights and freedom which includes freedom of speech, individual, religion, freedom to own property. Freedom of speech has limits and not to the extend of raising sensitive issues that might threatened public security and peace of the country. Incitement Act of 1971 restricts an individuals freedom of speech on sensitive issues which may give rise to common

11 unrest -To ensure citizens give undivided loyalty to the country and be responsible for the welfare of the nation as a whole. A citizen cannot possess more than one citizenship. Citizenship can be withdrawn if found disloyal to the country. -Aimed at protecting the rights of indigenous communities as original people

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15 Main Provisions in the Constitution Government -Head of the Federation -Head of government -Parliament – Dewan Rakyat and Dewan Negara -States -Head of state government – Chief Minister

16 Fundamental Liberties/Freedom -Freedom from abuse of law -Freedom from slavery and forced labour -Individual freedom -Freedom of speech, to assemble and to form unions -Freedom to own property -Freedom from exile and restriction of movement

17 Special freedom of the Malays and the Indigenous People in Sarawak and Sabah -The constitution assigns YDPA the responsibility of protecting the special position of the Malays and the indigenous communities of Sabah and Sarawak on the advice of the Cabinet

18 The Malay Language as the National Language -Article 152 BM as the national language. Use of other languages not prohibited. BM used for all official purposes such as dealings with the government whether federal or state, including public authorities such as the YDPA, rulers or state governors, local authorities, statutary authorities performing duties placed on them according to the law by the federal and state government or the courts

19 -Use of English may be allowed by the YDPA when necessary such as communication with foreign governments or international organizations, training conducted by overseas experts -1971 Amendment Act states that the status of Bahasa Malaysia as the national language cannot be questioned. Anyone who questions can be accused of committing an offence under the Incitement Act of 1948

20 Religion -Article 3 (1) states that Islam is the official religion. Other religions may be practised peacefully in any part of the country. Each individual has a right to profess, practise and propagate his or her own religion. For Muslims, the government can enact laws to control or curb any deviational beliefs.

21 -State Legislative Assembly can enact laws concerning Islamic law to establish a court with powers over the Muslims -In criminal cases, the Syariah Court has the power to impose a prison sentence of not more than three years, a fine up to RM5000 or six strokes of the rotan.

22 Citizenship – four ways a person can become a citizen -by operation of law -by registration -by entry -through territorial merger

23 -Termination of citizenship can be done through renunciation and revocation. -Renunciation if one chooses to become a citizen of another country -Revocation if one possesses more than one citizenship, being disloyal to the country, makes false statements at the time of his application.

24 Ways changes can be made in the Constitution -more than 2/3 voice in the Parliament and approval from the Conference of Rulers -for Sabah and Sarawak 2/3 voice in the Legislative Council with the permission from the Governor


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