Preview

The Malaysian Constitution

Powerful Essays
Open Document
Open Document
1864 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Malaysian Constitution
In a democractic parliament, rules were set and governed regardless of any country in the world. Malaysia itself is also governed by a a set of rules. The rules assigned to a country is called the constituition. Also called the bill of rights, the constituition of rights is a body of basic principles a state is to be governed with. The Malayan Union first drafted the constitution in 1946 but it was opposed by the indigenous Malay community so it was cancelled. The current Malaysian Constitution was drafted instead on the basis of a report from the Reid Commission before the independence of the nation. The Reid Commission was formed because of the urge of the then Malaya to claim independence and was lead by Lord Reid with many experts from commonwealth nations to assist him. The reason why the Malaysian Constitution exists is to ensure political stability, preventing abuse of power, to ensure equality to the people of the country, maintaining the fundamental rights of freedom as a democractic country, and to maintain special rights for the indigenous communities. 
 The supremacy of the constitution is derived from the third principle of Rukun Negara. It is the only source of law that is permanently supreme and it overrides the power of the Yang di Pertuan Agong, the parliament and any court. The Malaysian Constitution covers all the legislative, executive and judiciary aspects and has special provision to apply in a country with a diversity of races and religions. The Malaysian Constitution also defines how a government actually operates and how its power and authority are limited. In Malaysia, there is only one federal constitution and thirteen state constitutions, one each for each state in Malaysia. The main features of the Malaysian Constitution is a federation, a constitutional monarchy, practice of parliamentary democracy, religious freedom but with Islam as the national religion, supremacy of the constitution and the rule of the law, doctrine of the

You May Also Find These Documents Helpful

  • Powerful Essays

    Business Law study guide

    • 3207 Words
    • 12 Pages

    * Constitution Law: A body of principles that establishes the structure of a government and the relationship of that government to people who are governed. In each state: the state constitution and the federal Constitution.…

    • 3207 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Each country has a government that it is governed or arranged by set of rules that is known as a constitution. There are many definitions of a constitution. Professor Alder believes that ‘a constitution provides a framework of rules that creates the structure and functions of a human organisation’ . In this context a human organisation means a state. Judge Laws asserted the definition that a constitution is ‘set of rules which governs the relationship in a state between the ruler and the ruled’.…

    • 1159 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Every country is conditioned to have sets of laws or rules and regulations for their people to follow. Normally, it is called the constitution which is denoted as a system that is tabulated in a written document with the rules and regulations of the administered organization. However, it becomes specific when it comes to a country's constitution because it is more focused on political principles and the procedures, powers, and important duties of a government. It deals with the relationship of each state to its government, the three branches of the government namely the Executive, Legislative, and Judicial, and lastly the rights of every individual. This kind of constitution usually deals with the kind of Constitution the United States of America has. Their first governing constitution was the Articles of Confederation yet it was replaced by the United States Constitution by a group of federalist who felt that their previous constitution lacked fundamental provisions for a sufficient government. So the constitutional basis was transformed from confederation to federation. There is one power that dominates each constitution, making law for the common good.…

    • 2368 Words
    • 10 Pages
    Better Essays
  • Good Essays

    In Australia, the constitution plays a significant role in allocating power and authority between the levels of government and the branches of the federal government. The constitution is a legal document which outlines the rules for the governing body of the country. A vital feature of the constitution, is its purpose in ensuring the division of power between the states and governments. The high court of Australia's main role is to protect and interpret the constitution. The constitution also ensures that no one group within the government can dominate, known as the separation of powers. Together, these factors play an important role in allocating power and authority.…

    • 740 Words
    • 3 Pages
    Good Essays
  • Good Essays

    What is Westminster system? The Westminster system is a democratic parliamentary system of government created after the politics of the United Kingdom. In this system, there is a head of state, which is also known as the Yang di-Pertuan Agong in Malaysia who holds the executive power legally. There is also a head of government, known as the prime minister which is appointed by Yang di-Pertuan Agong in this system. A prime minister is the eldest minister of cabinet in the executive branch of government in a parliamentary system. He leads the whole executive branch.…

    • 1255 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The following are the parliamentary stages a Bill will have to go through before becoming law:…

    • 638 Words
    • 3 Pages
    Good Essays
  • Better Essays

    assignment OMT340 (LAW)

    • 4803 Words
    • 20 Pages

    - There are constitutions of the 13 States comprising the Federation, which form part of the written law in Malaysia.…

    • 4803 Words
    • 20 Pages
    Better Essays
  • Powerful Essays

    According to Gettel[2] ”constitutional law locates sovereignty within the state and thus indicates the source of law”. According to C.F Strong[3] ”a constitution may be said to be a collection of principles according to which the power of the government, the right of the governed and the relation between the two are adjusted” Again, some have defined constitution in narrower sense.…

    • 6929 Words
    • 28 Pages
    Powerful Essays
  • Good Essays

    Malaysian Legal History

    • 853 Words
    • 4 Pages

    The Hindu-Buddhist political control and cultural influence ended with the expansion of Islam into South-East Asia sometimes in the 13th century. Malacca became a Muslim kingdom under Sultan Iskandar Shah and by the end of the 15th century she had become a power of great importance in South-East Asia. Discuss.…

    • 853 Words
    • 4 Pages
    Good Essays
  • Good Essays

    ADVANTAGES OF SEDITION ACT

    • 1711 Words
    • 5 Pages

    Although Malaysia was a country that practice democracy, but the freedom of speech by every lawmaker was still need to be monitored by the Sedition Act. This is very important because the uncensored speech by the lawmakers can lead to the misunderstanding and more series is also to resulting in fights between the politicians. This is very important to be pay attention because there are many political parties in Malaysia that have their…

    • 1711 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Law in Malaysia

    • 254 Words
    • 2 Pages

    Business Law - Lee Mei Pheng & Ivan Jeron Detta, 2009 Edition, Oxford University Press…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    * The 1897 Constitution of Biak-na-Bato, or Constituciong Halal sa Biak-na-Bato, promulgated by the Philippine Revolutionary Government on November 1, 1897, is the provisionary Constitution of the Philippine Republic during the Revolutionagainst Spain. It provides that the Supreme Council, vested with the supreme power of government, shall conduct foreign relations, war, the interior, and the treasury. * The 1899 Political Constitution of the Republic, known as the Malolos Constitution, was approved by President Emilio Aguinaldo on January 21, 1899 and served as the Constitution of the First Philippine Republic. It provides for a parliamentary form of government, but the President, and not a Prime Minister, acts as the head of government. Legislative power is exercised by the Assembly of Representatives of the Nation, and judicial power is lodge in a Supreme Court. * The 1935 Constitution of the Philippines, ratified on May 17, 1935, establishes the Commonwealth of the Philippines, defining its powers, composition and organization as it function as the Government of the Philippine Islands. It is based on the principle of separation of powers among the three branches of government. Executive power is vested in the President and shall serve for a single-six year term. Legislative power is vested in a unicameral National Assembly, and judicial power is exercised by the Supreme Court. It also provides that upon proclamation of Philippine Independence, the Commonwealth of the Philippines shall be known as the Republic of the Philippines. 1. The 1939 Amendment -- The amendments liberalized all laws and made few changes on the economic provisions of the Tydings-Mcduffie Law. 2. The 1940 Amendments -- The amendments, by virtue of Resolution No. 73, provide...RKHG…

    • 8823 Words
    • 26 Pages
    Satisfactory Essays
  • Satisfactory Essays

    6. Marks will be deducted for late submission. Your date of submission is on or before 20th May 2013.…

    • 699 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Malaysia Legal System

    • 3090 Words
    • 13 Pages

    Law is needed to ensure good conduct of people and peace in society. Therefore, government makes necessary laws whenever needed. Law is an obligatory rule of conduct. Government makes law to regulate the conduct of people in society. Law requires that people should behave well with fellow members in society and must abide by social and ethical rules together with legislative laws made by Parliament.…

    • 3090 Words
    • 13 Pages
    Good Essays
  • Better Essays

    Law That Is Unfair

    • 1735 Words
    • 7 Pages

    The Malaysia Law is mainly based on the common law legal system. Law protects basic individual rights and freedom such as liberty,equality and freedom of speech. It prevents individuals in powerful position from taking an unfair advantage of other people. Law ensures a safe and peaceful society, in which individual rights are preserved. Certain governments have cruel laws, where police and armies arrests and punishes people without a trial in the court. Law applies to every persons, public authorities, governmental departments, private bodies, profit making organizations as well as non-governmental organizations. The government and law should act in the interest of society and these bodies should not stand distinctively from the society in order to maintain peace and balance of power between people and government.…

    • 1735 Words
    • 7 Pages
    Better Essays