16. the constitution


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  • 16. the constitution

    2. 2. INTRODUCTION • Is the document that contains the highest law of the country • Is the fundamental law from which the validity of all other laws derive and is superior to all other forms of laws • The constitution contains laws that conform to the people’s wishes and the current situation • Based on the Federation of Malaya 1957 – amended 16 September 1963
    3. 3. THE AIMS OF THE CONSTITUTION • To ensure smooth administration and political stability • To avoid abuse and misuse of authority by the legislative, executive and judiciary bodies • To ensure fundamental rights and freedom • To ensure that citizens give undivided loyalty • To provide special rights for Bumiputra and natives of any states of Sabah and Sarawak
    4. 4. Malaysian Constitution Federal List • Allocates the division of power between the Federal and State Government • the Federal list sets out subjects on which only the parliament can legislate • external affairs • defense • internal security • shipping • health • transport • finance and taxation • social security etc
    5. 5. State List • State list sets out subjects on which the State Legislative Assemblies can legislate • Islamic Law • Malay custom • land and housing • state public holidays etc • to ensure all state governments have autonomy on their civil service
    6. 6. Common List • The Federal and State have to work together in certain areas that are of common interest: • • • • Scholarship Social welfare Culture and sports Protection of wild animals
    8. 8. MAIN PROVISIONS IN THE CONSTITUTION 1. National Language • National language shall be the Malay language • However no person shall be prohibited or prevented from using any other language • English language may be used with YDPA consent for official purposes 2. Religion • Islam is the official religion. • Other religions may be practiced in peace and harmony
    9. 9. 3. Special privileges • the Malays and natives of any state of Sabah and Sarawak will enjoy special privileges • YDPA will safeguard the special position of the Malays and natives of any states of Sabah and Sarawak (done in consultation with the Cabinet) • Citizenship – FOUR methods
    10. 10. a) Citizenship by operation of law • every person born before Malaysia Day (16 September 1963) who is a citizen of the Federation by virtue becomes a citizen • every person born on or after Malaysia Day – either father / mother at time of birth is a citizen/permanent resident • born outside Malaysia on/after Malaysia Day – father at time of birth is a Malaysian and the birth must be registered at the consulate office
    11. 11. b) Citizenship by registration • wife and child of citizens • a person below 21 years old whose parents are not necessarily citizens • a person born in the Federation before Merdeka Day • a person who was living in Sabah or Sarawak on Malaysia Day
    12. 12. c) Citizenship by application • upon application, the individual of or over the age of 21 will be granted a citizenship if he / she fulfills the following requisitions: • has resided for the required period (10 out of 12 years) • has good character • has adequate knowledge of the National language d) Citizenship by incorporation of Territory • If any new territory is accepted into the Federation, Parliament through its law can determine the people of the new territory be given citizenship status
    13. 13. TERMINATION OF CITIZENSHIP • renunciation – giving up citizenship of Malaysia • revocation: • obtaining citizenship of another country and exercising the rights of a citizen of a foreign country e.g.; voting • not loyal to the country • making false statements at the time of his application
    14. 14. FUNDAMENTAL FREEDOMS • The constitution provides fundamental rights and freedom to the individual. • The lists are: 1. Freedom from slavery and forced labor 2. Freedom from abuse of law 3. Individual freedom 4. Freedom to speak, to assemble and to form unions 5. Freedom to own property 6. Freedom from exile and restriction of movement