1. MALAYSIAN CONSTITUTION
Background:
Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948-Federation of Malaya Constitution with a British High Commissioner placed as highest administrator
Include the preparation of self-rule
The first election held in 1955 and Tungku become the first PM

2. A meeting held in London attended by Tungku Abdul Rahman decided to from the Reid Commission headed by Lord Reid to draw a new constitution for independent
The commission consist of expert from UK, Australia, India and Pakistan
Draft accepted and declared as Constitution of Federation of Malaya on 31/8/1957

3. After 6 years, Singapore, Sabah & Sarawak joined with Malaya to become Malaysia
Cobbold Commission was set up to examine the reaction of people of Sabah Sarawak- after confirmation, drafting started
Wef 16/9/1963 – Constitution of Malaysia
Reasons behind forming of Malaysia was :-
The threat of communist
Racial imbalance
Independence of Singapore, Sabah & Sarawak
Economic corporation

4. In Singapore , Lee Kuan Yew conducted referendum and shows 70% supported
Brunei-large number objected
Brunei back off last minute following an armed revolt staged by Brunei Parti Rakyat and decided not to proceed to avoid reoccurence
In 9/8/1965- Singapore withdrew
Philippines objected and claimed Sabah & Sarawak were part of them
Indonesia protested and launched confrontation but it came to an end when took over by Sukarno 1965

5. Superiority of the Constitution
It is permanently supreme
Any other law cannot go against the Federal Constitution
Court guard the supremacy of the law
Its alive and functions all the time
Requires 2/3 vote to amend (Article 159 & 161E)
Contains 183 articles and 13 Schedules

6. Content Language – Article 152- Bahasa Malaysia
- cannot be hindered from using other languages
- has right to maintain the language of others
Religion - Article 3
(1) - Islam as official religion but others can practice their own and Sultan will be the head
(5) -YDPA-head of religion

7. It also contains:- Law making power :- Ninth Schedule
- Federal List (List I) :- education, finance, defence, internal security (major issues)
State List (List II):- tourism, land matters, drainage, traffic, state holidays,etc
Concurrent List (List III):- tourism and other common issues eg. Culture, social welfare, town and country planning, drainage

8. Fundamental liberties
Article 5
Individual freedom- no one can be deprived of his life or his freedom except according with the law
-Article 6
-Slavery and forced labour prohibited
Article 7
Protection against retrospective criminal law and repeated trial
Article 8
Equal protection of the law
Article 9
Prohibition against banishment and freedom of movement.

9. Article 10
Freedom of speech, assembly and association
Article 11
Freedom of religion
Article 12
Rights in respect of education
Article 13
-Rights to property

10. citizenship Part III Acquisition of citizenship-Article 14 – 22
Enforcement of law (14)
Registration (15-18)
Naturalisation(19)
Merging of territory (22)
Termination Article – 23 to 28
-renunciation
-Revocation

11. Special rights of a citizen
- vote
-fundamental liberties
-education
-medical
- provisions for the poor
-govt scolarship

12. Enforcement of law
Born between Malaysia day and Merdeka but with either parent is a citizen or PR of Federation
After Malaysia day can become citizen if:-
- either parents citizen
- either parents PR
- at the time of birth not citizen of any other country

13. Registration Wife and children of citizen
Below 21 but father and mother is a citizen
Born in Federation before merdeka
Born in Sabah and Sarawak before Malaysia day

14. Naturalisation- not born in Malaysia
21 years with either parents a citizen
Live in Malaysia at least 10 years
Have intention to live permenantly
Good conduct
Sufficient knowledge of BM

15. Merging of territory
Article22 of the Federal Constitutions provides if a new territory is accepted into the Federation, the Govt will determine the citizenship of the people within the territory

16. Revocation Renunciation – giving it up Termination :-
becomes citizen of another country
Enjoy rights and facilities of another country only given to citizen
A woman becomes citizen of another country through marriage
No longer loyal to Malaysia
Has business or ties with a hostile country
Within 5 years after becoming citizen was sentence to jail for not less than 12 months and fine not less 5k
Gives services to another country without permission
Lives continuously in another country for more thn 5 years
Citizenship falsely obtained
If woman acquired through marriage is divorced

17. Others YDPA- Article 32- 37 Conferences of rulers - A 38
The Executive - A C
The Legislative – A
Legislative procedure – A66-69
The judiciary -A A

18. Special rights of citizen
Right to vote
Right to take active part in politics
Right to fill post for citizens only
Free to own landed property
Welfare benefits and educations
Freedom of movement within Malaysia
Right not to be exiled
Medical benefits

19. National language Article 152 – national language
Bahasa Malaysia but no one can be restrained from using or teaching or learning other language
used for official purposes
Status of BM cannot be questioned

20. Special rights Sec 153 – special rights to Bumiputra and malays
-special rights as to public service, scholarship, education
Responsibility of YDPA to preserve the
special rights

21. Election
Article
Presence only in a democratic country- for the people to give mandate and pick their own govt
Types:-
General election- after dissolution of Parliament and State Legislative Assembly
By –election – when seat is vacated by death or resignation or being disqualified or technical problem during election
Local Government Election

22. General election Held every 5 years
YDPA must dissolve Parliament first on
request of the PM
Election held within 60 days in Sem. Msia and 90 days in Sabah & Sarawak
Everyone have the right to choose candidate

23. Who can vote Age 21 Resides in election division @ absentee voter
Name in electoral list
Of sound mind
Not guilty and imposed with death sentence or jail exceeding 12 months in any Commonwealth country

24. Election commission Draw up electoral constituent
Prepare and check voters list
Manage election process
Vote and Balloting
After 3-8 weeks after nomination day
Formula- one vote for one candidate

25. What may disqualify a person as candidate in general election
Unsound mind
Bankrupt
Hold salaried post
Failed to sent statement of expenses within 33 days after result
Found guilty of criminal offence
Obtains foreign citizenship
Guilty of offences related to election