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

2. What is the Constitution?

3. 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

4. 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

5. 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

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

7. 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

8. 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

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

10. Malaysian Constitution
The Federal Constitution is the highest law
Any law passed after 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

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

12. 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

13. 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

14. 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

15. 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

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

17. 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