Chapter 5: The Supremacy of the Constitution Malaysian Studies Chapter 5: The Supremacy of the Constitution

What is the Constitution?

Constitution – The Basics A set of laws and fundamental principles that determines a government’s organization and how power is divided between the different governing bodies Determines how power is divided among its political society (Prof. A.V. Dicey) A collection of measures and guidelines for regulating the administration of the country

Constitution – The Basics Contains the basis for making new laws, matters such as basic freedom, rights, citizenship, etc. Function - to ensure peace within the country, based on rules that act as a guideline for society

Constitution – The Basics Two forms: Written & Oral Malaysia uses written Constitution based on the British’s Westminster structure However, we apply them differently to suit country’s needs

Constitution – The Basics History Flashback Malaya’s Constitution - drafted by the Reid Commission and inaugurated on 31.08.1957 Malaysia’s Constitution - drafted by the Cobbold Commission and inaugurated on 16.9.1963

Constitution: Malaysia vs Britain The Malaysian Constitution is written and cannot be amended (changed) easily The Malaysian Constitution is supreme and is above the Parliament The Malaysian Constitution gives the Parliament and the court their powers according to specific provisions and for certain situations

Constitution: Malaysia vs Britain The British Parliament is considered the highest body as it has unlimited legal powers The British Constitution is below the Parliament The British Constitution is “oral”, meaning it can be amended easily

Constitution: Malaysia vs Britain In other words… Malaysia Britain Written Constitution Oral Constitution Constitution is above Parliament Parliament is above Constitution

Malaysian Constitution The Federal Constitution is the highest law Any law passed after 31.8.1957 that conflict with the constitution are void / invalid (limited only to where it conflicts) Powers given to the YDPA and the L.E.J. bodies are are bound to the limits set by the Federal Constitution

Malaysian Constitution The Federal Constitution has 15 parts in 7 chapters that outlines matters of grave importance

People’s rights and freedom Nationality Part Contents 1 2 3 4 5 6 7 8 9 Religion and others People’s rights and freedom Nationality Head of State (YDPA), MRR, Federal Legislative body, etc Accumulation of wealth and others States, Federal-State relationships, division of power, division of financial burdens, land, country development, Federal inquisitions on States Financial allocations Sabah and Sarawak Election

Civil Service, state of emergency and guidelines on subversive topics Part Contents 10 11 12 13 14 15 Judiciary Civil Service, state of emergency and guidelines on subversive topics National language, generalities and etc Sabah and Sarawak Temporary allocation and Transitions, Kings can only be trialled in the Special Courts Special Courts, no action can be taken on Kings without the permission of the Attorney General

Constitution Amendments The Federal Constitution is not rigid Can be amended to cope with current circumstances and demands It is also amended when the current article is irrelevant due to situation changes in society This shows the country is sensitive to current needs of the people

Constitution Amendments The Federal Constitution can only be amended by the Parliament (Legislative) by 4 ways: 1. Having 2/3 of approval from the members of the Parliament Council and approved by the MRR 2. Having 2/3 of approval from the members of the Parliament Council and the approved by the Yang Dipertua of Sabah and Sarawak

Constitution Amendments 3. A majority in the Parliament 4. 2/3 of approval from the members of the Dewan Parliament.

Conclusion The Constitution is a vital component for any country to start to act as a country 2 forms – oral & written The Constitution outlines vital matters of a country from citizen's rights to the optimal way of running of the country The Federal Constitution may be amended if the need arises via several ways