Written and Unwritten Law
TABLE OF CONTENT
INTRODUCTION | 2 | Written and Unwritten Constitution | 3-4 | Comparison of the Supremacy of Malaysia and United Kingdom | 5-7 | Characteristic of both Parliamentary Supremacy and Constitutional Supremacy and the drawback | 7-8 | Conclusion | 10 | Bibliography | 11 |
INTRODUCTION
As Malaysia is a federation of thirteen states, it has altogether fourteen constitutions the Federal Constitution and thirteen State Constitutions. Johor was the first state to have a written constitution, granted in 1895 by Sultan Abu Bakar.Terengganu was granted a written constitution by Sultan Zainal Abidin III in 1911. Each of the other states in the peninsula, apart from Penang and Melaka, was given one under the terms of the respective State Agreements concluded between the United Kingdom and the Malay Rulers just before the conclusion of the Federation of Malaya Agreement (FMA) in 1948. Penang and Malacca receive theirs under the Federation of Malaya Agreement (FMA) 1957. Sabah and Sarawak were each given a new constitution under the Malaysia Agreement 1963. Each State Constitution is required under Article 71(4) of the Federal Constitution to contain the so called “essential provisions” set out in the Eighth Schedule so that it is harmoniously integrated with the Federal Constitution. If it does not, Parliament may legislate to give effect to the prescribed provisions. Thus is ensured not only compliance of State Constitutions with the Federal Constitution, but also uniformity in the State Constitutions concerning the structure of government. We will look into the Supremacy of Malaysia and the characteristic that upholds the Constitution of Malaysia together.
Written and Unwritten Constitution The term ‘constitution’, in any country, basically refers to a set of rules which determine, among others, the manner the institutions are to be set up, the powers to be distributed and the justice to be administered. It can be refers as a
INTRODUCTION | 2 | Written and Unwritten Constitution | 3-4 | Comparison of the Supremacy of Malaysia and United Kingdom | 5-7 | Characteristic of both Parliamentary Supremacy and Constitutional Supremacy and the drawback | 7-8 | Conclusion | 10 | Bibliography | 11 |
INTRODUCTION
As Malaysia is a federation of thirteen states, it has altogether fourteen constitutions the Federal Constitution and thirteen State Constitutions. Johor was the first state to have a written constitution, granted in 1895 by Sultan Abu Bakar.Terengganu was granted a written constitution by Sultan Zainal Abidin III in 1911. Each of the other states in the peninsula, apart from Penang and Melaka, was given one under the terms of the respective State Agreements concluded between the United Kingdom and the Malay Rulers just before the conclusion of the Federation of Malaya Agreement (FMA) in 1948. Penang and Malacca receive theirs under the Federation of Malaya Agreement (FMA) 1957. Sabah and Sarawak were each given a new constitution under the Malaysia Agreement 1963. Each State Constitution is required under Article 71(4) of the Federal Constitution to contain the so called “essential provisions” set out in the Eighth Schedule so that it is harmoniously integrated with the Federal Constitution. If it does not, Parliament may legislate to give effect to the prescribed provisions. Thus is ensured not only compliance of State Constitutions with the Federal Constitution, but also uniformity in the State Constitutions concerning the structure of government. We will look into the Supremacy of Malaysia and the characteristic that upholds the Constitution of Malaysia together.
Written and Unwritten Constitution The term ‘constitution’, in any country, basically refers to a set of rules which determine, among others, the manner the institutions are to be set up, the powers to be distributed and the justice to be administered. It can be refers as a