Malaysian Constitution - An Introduction to the Malaysian Constitution

Last Updated 27 May 2012THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.

An Introduction to the Malaysian Constitution 1. History (starts at page 6) 4. The Executive (page 24)• Road to Merdeka • Executive• Formation of the Federation • Exercise of Executive Power• From Malaya to Malaysia • Appointment of Cabinet • Resignation of PM 2. Main Features (page 11) • Removal of Other Ministers• Key Elements of the Malaysian 5. The Judiciary (page 35) Constitution • Judiciary• Constitution as the Supreme Law • Appointment of Judges• Constitutional Monarchy • Judges’ Security of Tenure• The Three Branches of Government 6. Conference of Rulers (page 40) 3. The Legislature (page 16) • Conference of Rulers• Parliament• Dewan Rakyat • Functions of the Conference of Rulers• Dewan Negara• Dewan Rakyat and Dewan Negara• Parliamentary Authority and Privileges 2

An Introduction to the Malaysian Constitution 7. Fundamental Liberties (page 43) • Equality in Public Education and Financial Aid• Deprivation of Life or Liberty only in accordance with Law • No Banishment from Malaysia• Habeas Corpus • Freedom of Movement and of Residence• Right to Grounds of Arrest and to Counsel • Freedom of Speech• Judicial Approval for Extended Detention • Freedom of Assembly• No Slavery • Freedom of Association• No Forced Labour • Freedom of Religion• No Retroactive Criminal Laws • Limitation on Religious Taxes• No Retroactive increase in Penalties • Right to manage Religious Affairs and Institutions• No Repeat Trials • Right to establish Religious Schools• Equality • No compulsory Religious Education and• No discrimination on the ground of Religion, Ceremonies in another Religion Race, Descent, Place of Birth or Gender in certain matters • Right to Property• No discrimination in favour of State Subjects • No Compulsory Acquisition without adequate Compensation• No discrimination by Public Authority on grounds of out of Jurisdiction 3

An Introduction to the Malaysian Constitution 8. Legislative Provisions (page 77) 10. Special and Emergency Powers (page 90)• Procedures for making Federal Law • Laws against Subversion etc.• Federal and State Legislative Powers • Emergency Powers• Federal Legislative List • Restrictions on Preventive Detention• State Legislative List 11. Malays and Art 153 (page 96)• Concurrent Legislative List • Malay person • Special Position of Bumiputras 9. Islam, Islamic Law and Syariah Courts • Legitimate Interests of Other (page 83) Communities• Religion of Malaysia 12. Citizenship (page 100)• Relationship between secular law and • Citizenship Islamic law • Citizenship by Operation of Law• Constitutionally permitted Islamic laws • Citizenship by Registration• Islamic Offences • Citizenship by Naturalisation• Syariah Courts – Jurisdiction • Citizenship by Incorporation of Territory• Syariah Courts – Jurisdiction for Islamic Offences 4

An Introduction to the Malaysian Constitution 13. Elections (page 112) 15. Other Provisions (page 123)• Election Commission • National and Other Languages• EC’s Main Functions • Consolidated Funds• Review of Constituencies • Attorney General• Federal Constituencies • Auditor General• Voters • Disqualification of MPs and Senators 14. Constitutional Amendments (page 120) • Resignation of MPs and Senators • National Land Council• Constitutional Amendment Process • National Council for Local Governments • Public Services DisclaimerThis presentation is a free educational guide to understanding the Federal Constitution of Malaysia.It does not purport to be comprehensive or accurate and it does not constitute legal advice.All liability arising as a result, directly or indirectly, of acting or refraining from action on the basis ofany matter contained in this presentation is expressly disclaimed by the author. 5

THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES. 6

The Malaysian Constitution History Pre-WWII 1946-48 1948-57 Federation 1. Federated Malay States Malayan of Malaya 2. Unfederated Malay States Union 3. Penang and Malacca 7

The Malaysian Constitution HistoryTheConstitutioncreated a newnation, initiallycalled theFederation ofMalaya(PersekutuanTanah Melayu) 8

The Malaysian Constitution History Federation of Malaya JohorJohor, Kedah, Kelantan, Pulau Pinang KedahTerengganu, NegeriSembilan, Pahang, Perak, Melaka KelantanPerlis, Selangor, Melaka,and Pulau Pinang were Selangor Terengganuthe initial member statesof the nation. Negeri Perlis Sembilan Perak Pahang 9

The Malaysian Constitution History Federation of Malaya Malaysia (from 1963) Sarawak JohorWhen Sabah, Sarawak and (joined 1963) Kedah SabahSingapore joined in 1963, (joined 1963) Kelantanthe nation’s name was Federal Terengganuchanged to TerritoriesMalaysia Pulau Pinang Negeri SembilanSubsequently, Singapore became Melaka Pahangindependent in 1965 and Federal Selangor PerakTerritories were created in 1974 Perlis(Kuala Lumpur), 1984 (Labuan) and2001 (Putrajaya). 10

The Malaysian Constitution Main Features Legislature Executive Judiciary The Constitution is Malaysia is a There are three the Supreme Law Constitutional branches of of Malaysia Monarchy Government – the Legislature, the Executive and the Judiciary 12

The Malaysian Constitution Main Features The Constitution is the supreme law of Malaysia Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. 13

The Malaysian Constitution Main Features The Yang di-Pertuan Agong (YDPA) is Malaysia’s Head of State. He is elected by the Conference of Rulers, by rotation, from the Rulers of the nine Malay States.As a constitutional monarch, he is required to exercise his executive powers on the advice of Cabinet. 14

The Malaysian Constitution Main Features Legislature Executive Judiciary http://www.parlimen.gov.my http://www.malaysia.gov.my http://www.kehakiman.gov.my Legislature Executive Judiciary (Badan Perundangan) (Eksekutif) (Badan Kehakiman) Makes laws Administers the law Interprets the law 15

The Malaysian Constitution The LegislatureParliament is abi-cameral legislaturecomprising of a lowerhouse called the:House of Representatives(Dewan Rakyat)and an upper house knownas theSenate(Dewan Negara). YDPA Dewan Dewan Rakyat NegaraThe Yang di Pertuan Agongis also a part of Parliament. 17

The Malaysian Constitution The Legislature FT-Putrajaya, 1 FT-Labuan, 1 222 MPs FT-KL, 11 Johore, 26The Dewan Rakyat has Terengganu, 8222 members who areelected in general Selangor, 22 Kedah, 15elections or by-elections. 5-Year Term Kelantan, 14An MP’s term lasts until Sarawak, 31 Malacca, 6the dissolution ofParliament, which means Negeri Sembilan, 8a maximum term of fiveyears for MPs elected Pahang, 14during general elections. Sabah, 25 Penang, 13 Perak, 24 Perlis, 3 18

The Malaysian Constitution The Legislature 70 SenatorsThe Dewan Negara has Senators appointed by the YDPA70 Senators. for the Federal Territories 3-Year TermA senator’s term is for 3years, unaffected by the Senators elected bydissolution of Parliament. State Legislatures Max 2 TermsA person can only be aSenator for a maximum oftwo terms, whetherconsecutive or not Other Senators appointed by the YDPA 19

The Malaysian Constitution The Legislature Dewan Rakyat Dewan NegaraNumber of Members 222 70Mode of Elected by voters • Elected by State LegislaturesAppointment (2 each) • Appointed by the YDPA in respect of Federal Territories (4) • Appointed by the YDPA (40)Term of Office Until the dissolution of • 3 years, unaffected by Parliament dissolution of Parliament. • A person can only be a Senator for a maximum of two terms, whether consecutive or not. 20

The Malaysian Constitution The Legislature Legislative Authority to Make Federal LawsParliament may make federal laws in respect of matters fallingunder the Federal List or the Concurrent List. 1 3 2 Federal Concurrent State List List List (Parliament (Parliament (State only e.g. and State e.g. Legislature defence, finan housing, national only, e.g. local ce, security, cit park, social welfare) government, S izenship ) yariah courts, mining) 21

The Malaysian Constitution The Legislature Parliamentary Privileges• Parliamentary proceedings cannot be questioned in any court• Members of Parliament are immune from court proceedings for anything said in Parliament, except for offences under: – laws passed under Article 10(4) of the Constitution, and – the Sedition Act 22

The Malaysian Constitution The Legislature 1 ≤ 5 years 2 3 4 Each Parliament lasts for 5 years from its first meeting, unless dissolved earlier by the Yang di-Pertuan Agong at the PM’s request New Parliament Elections, NextParliament Dissolved within Parliament, 60 days of within dissolution 120 days of dissolution The 12th Parliament held its first meeting on 28 April 2008 and therefore will automatically dissolve in April 2013, if not dissolved earlier by the Yang di-Pertuan Agong.

The Malaysian Constitution The Executive The executive authority of the Federation is vested in the Yang di-Pertuan Agong but, as a constitutional monarch, he must act in accordance with the advice of the Cabinet, except in limited matters such as the giving of consent to dissolve Parliament. 25

The Malaysian Constitution The Executive Subject to federal law, the executive authority vested in the YDPA may be exercised by: Yang di-Pertuan The Cabinet Agong (YDPA) A Minister Any person authorised by authorised by Cabinet law 26

The Malaysian Constitution The Executive Dewan 1. YDPA appoints PM Rakyat Acting in his discretion, the YDPA first appoints as Prime Minister a member of the Dewan Rakyat who in the YDPA’s judgment is likely to command the confidence of the majority of that Dewan; and Dewan 2. YDPA appoints other Ministers under PM’s advice RakyatActing on the advice of the PM, the YDPA appoints other Ministers from among the members of either the Dewan Rakyat or the Dewan Negara. Dewan Negara Cabinet is formed ✔ 27

The Malaysian Constitution The Executive Under the Constitution, any member of the Dewan Rakyat who “commands the confidence of the majority” of the Dewan may be appointed as the Prime Minister. There are no other qualification requirements in the Constitution for anyone to become a PM. 28

The Malaysian Constitution The ExecutiveIf the Prime Minister ceases to command the confidence of themajority of the members of the Dewan Rakyat, then unless at the PM’s request the Yang di-Pertuan Agong (YDPA) dissolves Parliament (and the YDPA may act in his absolute discretion)the Prime Minister shall tender the resignation of the Cabinet. MB NEXT: Read about the Perak Menteri Besar case which interpreted the equivalent provisions in the Perak State Constitution 29

The Malaysian Constitution The Executive Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Dato’ Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010) BEFORE AFTER MB 28 31 PR 31 PR BN 28 BN PERAK STATE CONSTITUTION Article 16(6) – A Menteri Besar must tender the resignation of the State Exco when his party or coalition loses the majority in the Legislative Assembly. Article 18(2) - The Sultan may, if he so wishes, decline to dissolve the Legislative Assembly. 30

The Malaysian Constitution The Executive Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Dato’ Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010) MB and Exco resigns Ruling coalition State Assembly is Consentloses majority in dissolved. Granted State Assembly MB seeks Sultan’s Elections held. consent to dissolve Assembly Consent MB and Exco NOT must resign Granted Question 1: Does the loss of majority have Question 2: to be proven by a vote of no- What happens if the MB refuses to confidence in the Assembly? resign after the Sultan has decided Federal Court Answer: No. It not to dissolve the Assembly? may be determined from other Federal Court Answer: The MB is evidence. deemed to have resigned 31

The Malaysian Constitution The Executive Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Dato’ Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010) Facts In the 2008 Perak State elections, Pakatan Rakyat won 31 out of 59 seats of the Perak LegislativeAssembly. Dato’ Seri HJ Mohammad Nizar (Nizar) from Pakatan was appointed as the Menteri Besar (MB) of Perak. The following year, 3 members of the assembly left Pakatan and declared theirsupport for Barisan Nasional, resulting in Barisan commanding the majority. Nizar made a request to HRH The Sultan of Perak for the dissolution of the assembly. Exercising his Royal prerogative under Article 18(2)(b) of the Perak State Constitution, HRH refused to do so and subsequently appointed Dato’ Seri Dr. Zambry as the new MB. Question When a MB has, as a matter of fact, ceased to command the confidence of the majority of theassembly, does he nevertheless remain as MB until a motion of no confidence is passed against him and thereafter he voluntarily resigns. AnswerMotion of No Confidence Not Required - As the Perak State Constitution does not stipulate that the loss of confidence in a MB can only be established through a vote in the assembly, the Courtheld, following the Privy Council case of Adegbenro v Akintola and the Dato Amir Kahar case (1995) 1 CLJ 184, that evidence of loss of confidence may be gathered from other sources. Voluntary Act of Resignation not Required - It is mandatory for a MB to resign once he loses the confidence of the majority and if he refuses to do so then, following the decision in Dato Amir Kahar, the MB is deemed to have resigned. 32

The Malaysian Constitution The Executive Removal of Ministers Ministers other than the Prime Minister hold office during the pleasure of the YDPA, unless the appointment of any Minister shall have been revoked by the YDPA on the advice of the Prime Minister. DPM NEXT Read about the Deputy Prime Minister case which interpreted this provision 33

The Malaysian Constitution The Executive Dato Seri Anwar bin Ibrahim (Appellant) v Prime Minister of Malaysia and Anor. (Respondents) (Federal Court, Mar 2010) FactsThe Appellant was appointed as the Deputy Prime Minister in 1995. On 2 Sept 1998, he was notifiedby the Prime Minister that his appointment as the DPM was to be revoked that same day. Prior to the notice, the Prime Minister had advised the Yang di Pertuan Agong (YDPA) to revoke the appointmentand such advice was accepted by the YDPA (according to uncontradicted evidence of the Confidential Secretary to the YDPA) Question Does Article 45(3) of the Federal Constitution specifically require the YDPA to be the authority to revoke the appointment of the Appellant as Deputy Prime Minister? Answer The YDPA is a constitutional monarch. On the appointment and revocation of appointment of Ministers, the YDPA must act in accordance with the advice of the Prime Minister. The revocations were in fact made by the YDPA: On the facts, it is clear that the PM had advised theYDPA to revoke the appointment of the DPM and that the YDPA had accepted such advice. Therefore it was the YDPA, and not the PM, who made the formal decision to revoke the DPM’s appointment.Revocation need not be personally communicated by the YDPA to the DPM: The Constitution doesnot require the YDPA to personally advise the DPM of his decision to revoke the DPM’s appointment. Furthermore, it does not stipulate the format and manner in which such decisions are to be communicated. 34

The Malaysian Constitution The JudiciaryThe power to interpret laws, including the Constitution, lies with the judiciary. Federal Court Court of Appeal High Court High Court of Sabah and of Malaya★ Sarawak★ Syariah Courts ★ The High Courts and Subordinate Subordinate the Subordinate Courts Courts Courts have no jurisdiction over Syariah Court matters 36

The Malaysian Constitution The JudiciaryJudges are in effect appointed by the PrimeMinister, through this process: Chief Justice of the Federal Court President of the Court of Appeal PM PM Chief Judge of a PM consults PM advises High Court persons YDPA appoints* the YDPA to stipulated in that person as appoint the Other Federal Art 122B (e.g. judge, after person Court Judges the Chief consulting the selected by Justice of the Conference of the PM as a Federal Court) Rulers Other Court of judge Appeal Judges Other High Court Judges* The YDPA, as a constitutional monarch, isrequired to act on the advice of the PM 37

The Malaysian Constitution The Judiciary Chief Justice of the Federal Court Once appointed, judges cannot be removed President of the Court of Appeal except under Chief Judge of a exceptional High Court circumstances (such as Other Federal infirmity of mind) by a Court Judges tribunal of judges. Other Court of Appeal Judges Other High Court Judges 38

The Malaysian Constitution The Judiciary PP v Kok Wah Kuan [2007] 6 CLJ 341 (Federal Court, October 2007) FactsKok Wah Kuan was convicted of murder which he committed at the age of 12. Instead of receiving the death sentence, he was, pursuant to the Child Act 2001, ordered by the Court to be detained for as long as the Yang di Pertuan Agong (acting on Cabinet advice) deems appropriate . Question Whether the detention order was unconstitutional because under the doctrine of separation of powers, judicial power vests in the judiciary and not the Executive. Answer Separation of Powers: The doctrine of separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct. Like the Westminster system, the Federal Constitution does have features of this doctrine but the Constitution does not strictly comply with the doctrine (for example Ministers are both legislators and executives, which would be inconsistent with the doctrine). The extent to which the doctrine applies depends on what the Constitution actually provides. Therefore, the Child Act cannot be held unconstitutional for being inconsistent with the doctrine itself. The Act can only be held unconstitutional if it were inconsistent with any specific provision of the Constitution, which it is not.Scope of Judicial Power: With the deletion of the words “the judicial power of the Federation” *shall be vested in the two High Courts] from the Constitution, the judicial power of the Courts must be determined, not by what the term “judicial power” may generally mean, but by reference to what is conferred under federal law, as this is what the Constitution now provides. 39

The Malaysian Constitution The Conference of Rulers The Conference is a constitutional body comprising the Rulers and the Yang di-Pertua-Yang di-Pertua Negeri. 41

The Malaysian Constitution The Conference of Rulers Functions• Electing and removing the Yang di-Pertuan Agong and his Deputy• Deciding on the extension of any religious acts, observances or ceremonies to the country as a whole• Giving or withholding consent (veto rights) over matters such as: • Constitutional amendments relating to matters in Article 159(6). • Laws affecting the privileges, position, honours or dignities of the Rulers • Laws amending Article 152 (Malay language) or Article 153 (Special position of bumiputras) • Alterations to State boundaries • Certain appointments such as members of the Public Service Commission and the Elections Commission 42

The Malaysian Constitution Fundamental Liberties No one can be deprived of one’s life or personal liberty except in accordance with law.* Not applicable to laws passed under Article 149 or Article 150 44

The Malaysian Constitution Fundamental Liberties Where a person is being unlawfully detained, the High Court has the power to release the detainee.* Not applicable to laws passed under Article 149 or Article 150 45

The Malaysian Constitution Fundamental Liberties Where a person is arrested he shall: (i) be informed as soon as possible of the grounds of arrest, and (ii) be allowed to consult and be defended by a lawyer of his choice.* Not applicable to laws passed under Article 149 or Article 150 46

The Malaysian Constitution Fundamental Liberties Where a person is arrested, he shall without unreasonable delay, and in any case within 24 hours, be produced before a magistrate and shall not be further detained without the magistrates authority.* Not applicable to laws passed under Article 149 or Article 150 47

The Malaysian Constitution Fundamental Liberties No one shall be held in slavery.* Not applicable to laws passed under Article 150 48

The Malaysian Constitution Fundamental Liberties All forms of forced labour are prohibited but Parliament may by law provide for compulsory service for national purposes.* Not applicable to laws passed under Article 150 49

The Malaysian Constitution Fundamental Liberties No one shall be punished for an act or omission which was not punishable by law when it was done or made.* Not applicable to laws passed under Article 150 50

The Malaysian Constitution Fundamental Liberties No one shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.* Not applicable to laws passed under Article 150 51

The Malaysian Constitution Fundamental Liberties A person who has been acquitted or convicted of an offence shall not be tried again for the same offence, except where a retrial is ordered by a court.* Not applicable to laws passed under Article 150 52

The Malaysian Constitution Fundamental Liberties All persons are equal before the law and entitled to the equal protection of the law.* Not applicable to laws passed under Article 150 53

The Malaysian Constitution Fundamental Liberties Except as authorized by the Constitution, no citizen shall be discriminated on the ground only of religion, race, descent, place of birth or gender: in any law, or in the appointment in the administration of any law Law Public Authority Admin of Certain Laws to any office or relating to the acquisition, holding or employment under a disposition of property or the public authority, or establishing or carrying on of any trade, business, profession, vocation or employment* Not applicable to laws passed under Article 150 54

The Malaysian Constitution Fundamental Liberties There shall be no discrimination in favour of any one because he or she is a subject of the Ruler of any State.* Not applicable to laws passed under Article 150 55

The Malaysian Constitution Fundamental Liberties No public authority shall discriminate against any person because such a person is resident or conducting business outside the jurisdiction of the authority.* Not applicable to laws passed under Article 150 56

The Malaysian Constitution Fundamental Liberties There shall be no discrimination against any citizen by reason of religion, race, descent or place of birth: in the administration of any in providing out of the funds Financial AidAdministration educational institution of a public authority financial maintained by a public aid for the maintenance or authority, and, in education of pupils or particular, the admission of students in any educational students or the payment of institution (whether or not fees, or maintained by a public authority and whether within or outside Malaysia). Exceptions • See the slides on Article 153 which allows for the reservation of quotas on scholarships, educational and training facilities for bumiputras, notwithstanding anything in the Constitution, which presumably includes this Article 12(1). 57

The Malaysian Constitution Fundamental Liberties No citizen shall be banished or excluded from Malaysia.* Not applicable to laws passed under Article 149 or Article 150 58

The Malaysian Constitution Fundamental Liberties Every citizen has the right to move freely throughout Malaysia and to reside in any part of the country. Restrictions • If any other State is in a special position as compared with the States of Malaya, Parliament may impose restrictions, as between that State and other States • This right is subject to restrictions in any law relating to the security, public order, public health, or the punishment of offenders* Not applicable to laws passed under Article 149 59

The Malaysian Constitution Fundamental Liberties Every citizen has the right to freedom of speech and expression. def ghi xyz abc Restrictions can be imposed by Parliament: • In the interest of friendly diplomatic relations, morality and national security or public order (including the questioning of provisions relating to citizenship, Article 152 (National Language), Article 153 (Special Position of Bumiputras) or Article 181 (Rulers’ Sovereignty)). • To protect the privileges of Parliament/Legislative Assembly or • To provide against contempt of court, defamation, or incitement to any offence 60* Not applicable to laws passed under Article 149 or Article 150

The Malaysian Constitution The Executive Muhammad Hilman bin Idham & 3 Others. (Appellants) v University Kebangsaan Malaysia & 2 Others (Respondents) (Court of Appeal, October 2011) FactsThe appellants, students of University Kebangsaan Malaysia (UKM), were present in Hulu Selangor to observe the parliamentary by-elections there in April 2010 and had in their possession certain campaign materials. UKM brought disciplinary proceedings against the appellants for breaching section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) which prohibitsuniversity students from expressing or doing anything in support for, or sympathy with, or opposition to, any political party. Question Although the Constitution permits Parliament to make laws to restrict freedom of speech for the purposes of protecting public order, morality or the other interests spelt out in Article 10(2)(a), is section 15(5)(a) of the UUCA unconstitutional because the restriction it imposes on freedom of speech unreasonable? Answer Any restriction imposed on the freedom of speech must be a reasonable one. The restriction imposed by section 15(5)(a) of the UUCA is unreasonable and is therefore unconstitutional. 61

The Malaysian Constitution Fundamental Liberties All citizens have the right to assemble peaceably and without arms. Restrictions can be imposed by Parliament: • In the interest of national security or • In the interest of public order 62* Not applicable to laws passed under Article 149 or Article 150

The Malaysian Constitution Fundamental Liberties Freedom of Assembly Constitutional Restrictions Art 10(1)(b) Art 10(2)(b) 63

The Malaysian Constitution Fundamental Liberties The Constitution gives citizens freedom of assembly, but it also gives Parliament the power to make laws which impose restrictions on freedom of assembly in the interests of national security or public order. The Peaceful Assembly Act 2012 is an example of such a law. 64

The Malaysian Constitution Fundamental Liberties Sec. 27 of the Police Act 1967 This was repealed on 23 April 2012 by the Police (Amendment) Act 2012 and replaced by the Peaceful Assembly Act 2012 – please see the next slide 65

The Malaysian Constitution Fundamental Liberties Peaceful Assembly Act 2012 In Operation from 23 April Specified assembly e.g. 2012 wedding reception Assembly at “designated place of assembly” Assembly at or within 50m of “prohibited places” Go! A “street protest” i.e. a mass march or rally Notification All other assemblies Process 66

The Malaysian Constitution Fundamental Liberties Peaceful Assembly Act 2012What is the difference between an assembly and a street protest? An “assembly” may beOK moving. Thus processions are allowed in assemblies. A “street protest” involves peopleX walking in a mass march or rally. 67

The Malaysian Constitution Fundamental Liberties Peaceful Assembly Act 2012 In notices of assemblies, you must state the route of any procession to be held as part of the assembly. 68

The Malaysian Constitution Fundamental Liberties All citizens have the right to form associations. Restrictions can be imposed by Parliament: • In the interest of morality, national security or public order • In any law relating to labour or education 69* Not applicable to laws passed under Article 149 or Article 150

The Malaysian Constitution Fundamental Liberties Every person has the right to profess and practice his religion and to propagate it but State law and, in respect of the Federal Territories, federal law may control or restrict the propagation of any religion among Muslims. This Article does not authorise any act contrary to any law relating to public order, public health or morality 70

The Malaysian Constitution Fundamental Liberties No one shall be compelled to pay any tax the proceeds of which are specially allocated for the purposes of a religion other than his own. 71

The Malaysian Constitution Fundamental Liberties Every religious group has the right to: (i) manage its own religious affairs, (ii) establish and maintain institutions for religious or charitable purposes, and (iii) acquire, own, hold and administer property. 72

The Malaysian Constitution Fundamental Liberties Every religious group has the right to establish and maintain institutions for the education of children in its own religion. 73

The Malaysian Constitution Fundamental Liberties No one shall be required to receive instruction in, or take part in any ceremony or act of worship of, a religion other than his own and, for these purposes, the religion of a person under 18 shall be decided by his parent or guardian. 74

The Malaysian Constitution Fundamental Liberties No person shall be deprived of property save in accordance with law.* Not applicable to laws passed under Article 149 or Article 150 75

The Malaysian Constitution Fundamental Liberties No law shall provide for the compulsory acquisition or use of property without adequate compensation.* Not applicable to laws passed under Article 149 or Article 150 76

The Malaysian Constitution Legislative Provisions Passed Passed by by Assented to Dewan Negara1 Dewan Rakyat by the Yang di- Passed Passed Pertuan by by Agong3 Dewan Rakyat Dewan Negara2 Note 1 Note 2 Note 3 The Dewan The Dewan If the Yang di- Negara cannot Negara’s refusal to Pertuan Agong originate Bills pass a Bill (other does not assent relating to than Constitutional to a Bill within 30 taxation, Federal amendment bills) days after it has Emergency Laws loans and may be bypassed been presented During an Emergency, the Yang di- guarantees, the under the to him, it shall Pertuan Agong may make laws by Consolidated procedures automatically issuing emergency ordinances Fund, and other become law without going through this described in Article process. See the slide titled matters specified 68 (Articles 66(4) “Emergency Powers.” in Article 67 and (4A)) 78

The Malaysian Constitution Legislative Provisions Parliament may make law in State Legislatures may make respect of matters in the law in respect of matters in Federal List (1) and the State List (2) and the Concurrent List (3) the Concurrent List (3) ★ Legislative Areas 1 2 Residual Federal State Legislative Power 3 of State List List (Parliament) Concurrent (State (Article 77) List Legislature) The State (Parliament legislatures have and State) the power to make laws on matters not set out in any of the three lists ★ Federal law will prevail over State law in the event of any inconsistencies. 79

The Malaysian Constitution Legislative ProvisionsParliament may make laws on Defence Criminal Lawmatters in the Federal List, suchas:• External affairs, defence, internal security Citizenship Finance• Civil and criminal laws• Federal citizenship• Finance (incl. currency)• Trade, commerce and industry• Shipping, communication and transport, education Currency Communications• Medicine• National holidays• Newspapers and publications• For the full list see List I of the 9th Schedule of the Constitution 80

The Malaysian Constitution Legislative ProvisionsStates may make laws for their Laws for Muslims Syariah Courtown States on matters in theState List, such as:• Islamic law and personal and family law of Muslims• Syariah courts Land Forestry• Forestry• Land• Local government• Local services e.g. markets• Mining Mining Libraries• Libraries• For the full list see List II of the 9th Sch. of the Constitution• There are additional sub-lists for Sabah and Sarawak. 81

The Malaysian Constitution Legislative Provisions Parliament and States may (for Water Supplies National Parks their own states) make laws on matters in the Concurrent List, such as: • Social welfare, scholarships • National parks Fire Safety Sports • Prevention of cruelty to animals • Fire safety measures • Town and country planning • Culture and sports • Housing • Water supplies and Housing Heritage services, preservation of heritage • For the full list, see List III of the 9th Sch. of the Constitution. • There are additional sub-lists for Sabah and Sarawak. 82

The Malaysian Constitution Islam, Islamic Law and Syariah Courts Islam is the religion of Malaysia. But this does not Other religions may be practised in peace affect the and harmony in any other part of Malaysia provisions of the Constitution derogate |ˈderəˈgāt| Verb [ intrans. ] ( derogate from) deviate from (a set of rules or agreed form of behavior) : e.g. This law has not derogated from the Constitution. 84

The Malaysian Constitution Islam, Islamic Law and Syariah Courts Secular law applies to everyone* Islamic law, covering the matters permitted by the Constitution, applies to Muslims only * Secular law includes English common law and general statute law. Certain types of secular law, such as those relating to family and personal law, may not apply to Muslims if they are subject to an equivalent Islamic law. 85

The Malaysian Constitution Islam, Islamic Law and Syariah Courts Under the State list, States are permitted to make Islamic laws only in respect of family law, a limited class of Islamic offences and the other matters in the list. 86

The Malaysian Constitution Islam, Islamic Law and Syariah Courts The State list also permits States to make laws on offences by States Muslims which are against only percepts of Islam (for example, consuming alcohol), except if the matter is in the Federal list. In case of overlap between Islamic offences and secular criminal offences (for Federal example, murder), which fall only under the Federal list, Parliament only may make the laws for such offences. 87

The Malaysian Constitution Islam, Islamic Law and Syariah Courts The Constitution gives Syariah Courts power over: • Muslims only, and • only in respect of Constitutionally permitted Islamic laws, including Islamic offences, described in the previous slides. 88

The Malaysian Constitution Islam, Islamic Law and Syariah Courts Jail Term Fine Whipping Max: Max: Max: 3 years RM5,000 6 whips Constitutionally, Syariah Courts have no jurisdiction over Islamic offences unless authorised by federal law: the Syariah Courts (Criminal Jurisdiction) Act 1965 permits such courts to try Islamic offences but not if the maximum jail term, fine or number of whips allowed for such offences exceed the maximum stated in the above table. 89

The Malaysian Constitution Special and Emergency Powers Special Laws under Article 149 • A law may be inconsistent with a number of fundamental liberties* if it is passed to stop or prevent subversion, actions prejudicial to public order, such as the promotion of hostility between races, and certain other matters. The ISA will be Examples repealed by the • Internal Security Act 1960 – Preventive Security Offences (Special detention, without trial, of persons Measures) engaged in organised violence and Bill 2012 unlawful opposition to the Government • Dangerous Drug (Special Preventive* Art. 5 (Liberty of Person), Art 9 (Banishment/ Freedom of Movement), Measures) Act 1985 – Preventive Art 10 (Freedom of Speech) and detention, without trial, of drug traffickers Art 13 (Rights to Property). 91

The Malaysian Constitution Special and Emergency Powers Click to Proclamation of Emergency read this • The Yang di-Pertuan Agong Report (YDPA) may issue a Proclamation of Emergency if he is satisfied that a grave emergency exists which threatens the security, economic life or public order of the country. • The YDPA’s decision cannot be challenged in any court under any grounds. 92

The Malaysian Constitution Special and Emergency Powers Emergency Laws and Powers During an emergency: 1. The YDPA may promulgate emergency ordinances. 2. Parliament may pass emergency laws. Such ordinances and laws must not violate any Islamic law or any provisions in the Constitution relating to religion, citizenship or language but shall otherwise be valid even if their provisions are inconsistent with the Constitution. 93

The Malaysian Constitution Special and Emergency PowersSince Merdeka, four emergencies have been proclaimed and all have beenrevoked, either by the Courts or by Parliament. PC Teh v PP Dewan Rakyat 24 Nov 2011 The Privy Council held that the 1969 emergency declaration had by implication revoked the 1964 emergency. See paragraph 17 of Lord Diplock’s judgment. 1964 - Nationwide 1977 - Kelantan emergency due to the only, due to a state Indonesia-Malaysia political crisis confrontation1957 -Merdeka Dewan Negara 20 Dec 2011 1950 1960 1970 1980 1966 - Sarawak 1969 - Nationwide only, due to the emergency due to Stephen Kalong the May 13 riots Ningkan political crisis 94

The Malaysian Constitution Special and Emergency Powers Grounds of Detention and Making of Representations• The authorities are required, as soon as possible, to tell the person detained why he or she is being detained and the allegations of facts on which the detention was made, so long as the disclosure of such facts is not against national security.• The detainee has the right to make representations against the detention. Advisory Board• If a representation is made by a detainee who is a citizen, it will be considered by an Advisory Board which will then make recommendations to the Yang di-Pertuan Agong (YDPA). This process must usually be completed within 3 months of the representations being received, but may be extended by the YDPA. Advisory Board* Chairman Detainee Member Member * The Advisory Board is appointed by the YDPA. Its Chairman must be a person who is a current or former judge of the High Court, Court of Appeal or the Federal Court (or its predecessor) or is qualified to be such a judge 95

The Malaysian Constitution Malays and Article 153Under the Constitution, a Malay is a person who satisfies two sets of requirements: Customs Language Religion Is a Muslim Habitually Follows Malay speaks Malay customs • Is a person who: (a) was domiciled in the Federation or Singapore on Merdeka Day, Merdeka Population (b) was born in the Federation* or Singapore before Merdeka Day, * Article 160(5) states (c) was born before Merdeka Day of parents one of whom was born in that any references to the Federation* or Singapore the Federation before Merdeka Day means or the Federation under the Federation of Descendant of Merdeka • Is a descendant of a person who is from the above Merdeka Malaya Agreement Population Population 1948. 97

The Malaysian Constitution Malays and Article 153 Malays and natives of Sabah and Sarawak (collectively “bumiputras”) occupy a “special position”. The Yang di-Pertuan Agong (YDPA) is required to safeguard their special position in accordance with Article 153, which provides that: Federal public service Generally, safeguard positions Art 153* the special position of bumiputras Federal scholarships The YDPA must etc. exercise his constitutional functions, and Federal trade or his executive Specifically, establis business licences functions under h quotas for federal law, to: bumiputras in: Tertiary education enrollment* Special Notes• The YDPA must act in accordance with Cabinet advice (Article 40 and153(2))• Article 153 can only be amended with the consent of the Conference of Rulers (Article 159(5))• State Constitutions may include an equivalent of Article 153 (Article 153(10))• The YDPA must also safeguard the legitimate interests of other communities in accordance with Art. 153 >> 98

The Malaysian Constitution Malays and Article 153Whilst safeguarding the special position of bumiputras, the Yang di-PertuanAgong (YDPA) is also responsible for safeguarding the “legitimate interests” ofother communities in accordance with Article 153, which provides that: Parliament may not restrict any business or trade solely for bumiputras Article 153 Civil servants must be treated impartially regardless of raceThe YDPA has theresponsibility for Article 153 cannot deprive any person of any public office already held safeguarding by such person of the legitimate No person may be deprived of any federal scholarship etc. already interests of other enjoyed by such person communitiesin accordance Laws reserving quotas in trade licences and permits may not deprive with Article any person of any right, privilege, permit or licence already enjoyed or 153: held by him or authorise a refusal to renew such persons license or permit 99

The Malaysian Constitution CitizenshipMalaysian citizenship may be acquired: By Operation of Law By Registration By Naturalisation By Incorporation of Territory For more info please contact: 101

The Malaysian Constitution CitizenshipFor Every person who immediately before 31 Aug 1957 was a citizen of the Federation under the Federation of MalayaPersons Agreement 1948.born (Para 1(1)(a) of Part I of the 2nd Schedule)before Every person born in the Federation on or after 31 Aug 1957 and before Oct 1962.Malaysia (Para 1(1)(b) of Part I of the 2nd Schedule)Day Every person born in the Federation after Sept 1962 of whose parents one at least was at the time of the birth either a citizen or permanent resident of the Federation. (Para 1(1)(c) of Part I of the 2nd Schedule) Every person born in the Federation after Sept 1962 who was not born a citizen of any other country. (Para 1(1)(c) of Part I of the 2nd Schedule) 102

The Malaysian Constitution CitizenshipFor Every person born outside the Federation on or afterPersons Merdeka Day whose father was a citizen at the time ofborn his birth and either was born in the Federation or was at the time of the birth in service under thebefore Government of the Federation or a State.Malaysia (Para 1(1)(d) of Part I of the 2nd Schedule)Day Every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth, if the birth was, or is, within one year of its occurrence or within such longer period as is in any particular case was or is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government. (Para 1(1)(e) of Part I of the 2nd Schedule) 103

The Malaysian Constitution CitizenshipFor Every person born within the Federation ofPersons whose parents one at least is at the time of theborn on birth either a citizen or permanently resident inor after the Federation. (Para 1(a) of Part II of the 2nd Schedule)MalaysiaDay Every person born within the Federation who is not born a citizen of any other country. (Para 1(e) of Part II of the 2nd Schedule) 104

The Malaysian Constitution CitizenshipFor Every person born outside the Federation whose father is at the time of the birth a citizen and either was born in thePersons Federation or is at the time of the birth in the service of theborn on or Federation or of a State. nd (Para 1(b) of Part II of the 2 Schedule)afterMalaysia Every person born outside the Federation whose father is at the time of the birth a citizen and whose birth is, within oneDay year of its occurrence or within such longer period as in any particular case is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Brunei or such territory as may be prescribed by the YDPA, registered with the Federal Government. (Para 1(c) of Part II of the 2nd Schedule) Every person born in Singapore of whose parent one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph (Para. 1(d) of Part II of the Second Schedule) 105

The Malaysian Constitution CitizenshipFor Any foreign wife of a Malaysian citizen (the marriage mustForeign have been registered under Malaysian law) is entitled to be registered as a Malaysian citizen if she satisfies the FederalWives of Government that she has resided in Malaysia “throughout”Citizens the two years preceding her citizenship application and intends to do so permanently, and is of good character. Any foreign wife of a Malaysian citizen (the marriage must have been registered under Malaysian law) is entitled to be registered as a citizen if at the beginning of October 1962, (a) the marriage was subsisting and (b) her husband was a citizen. 106

The Malaysian Constitution CitizenshipFor The Federal Government may register as a citizenPersons any person under 21 years old whose parents oneunder 21 at least is (or was at death) a citizen, upon application. Any person under 21 years old who was born before Oct 1962 - whose father is (or was at death) a citizen and was also a citizen at the beginning of Oct 1962 (if then alive) - is entitled to be registered as a citizen if he is ordinarily resident in Malaysia and is of good character. The Federal Government may, in such special circumstances as it thinks fit, register any person under the age of 21 as a citizen. 107

The Malaysian Constitution CitizenshipFor Any person of or over 18 years old who was bornPersons in the Federation before Merdeka Day isborn in the entitled, upon application, to be registered as aFederation citizen if he satisfies the Federal Government that:beforeMerdeka (a) He has resided in the Federation during the seven years preceding the date of the applicationDay for periods amounting to a total of not less than 5 years; (b) He intends to reside in the Federation permanently; (c) He is of good character; and (d) He has an elementary knowledge of the Malay language 108

The Malaysian Constitution CitizenshipFor Persons Any person of or over 18 years old who is on Malaysia Day ordinarily resident in Sabah or Sarawak is entitled, uponresident in application before Sept. 1971, to be registered as a citizenthe States if he satisfies the Federal Government that:of Sabah (a) He has resided before Malaysia Day in Sabah orand Sarawak and after Malaysia Day in the Federation for periods amounting to a total of not less than 7 years in theSarawak on 10 years before the application date, and which includesMalaysia the 12 months prior to the application date;Day (b) He intends to reside in the Federation permanently; (c) He is of good character; and (d) He satisfies the language requirements stipulated in Article 16A(d). Note: This right expired on September 1971. 109

The Malaysian Constitution Citizenship For The Federal Government may, upon application, register as a citizen any person of or over 21 years old who has foreigners resided in Malaysia for the required minimum periods: #1: Must have resided in Malaysia for at least 10 years during the period of 12 years before the date of the citizenship application, and Date ofY1 Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 Y10 Y11 Y12 application #2: Must have resided in Malaysia during the 12 months before the date of the citizenship application In addition the applicant must intend to reside in Malaysia permanently, have good character and have an adequate knowledge of the Malay language. 110

The Malaysian Constitution Citizenship If any new territory is added to the Federation after Malaysia Day, Parliament may determine what persons who are connected to that territory are to become citizens of Malaysia. 111

The Malaysian Constitution ElectionsThe 7 members of the EC are in effectappointed by the Prime Minister, through Chairman, ECthis process: Deputy Chairman, EC PM Ordinary Member, EC PM advises the YDPA to appoint YDPA appoints* a person that person to the Ordinary Member, EC selected by the EC, after PM as a consulting the Ordinary Member, EC member of the Conference of EC Rulers Ordinary Member, EC Ordinary Member, EC* The YDPA, as a constitutional monarch, is requiredto act on the advice of the PM 113

The Malaysian Constitution Elections Security of Tenure Chairman, EC To enhance the independence of the Deputy Chairman, EC EC, its members: • cannot be removed except on Ordinary Member, EC exceptional grounds, such as infirmity of mind or bankruptcy Ordinary Member, EC • cannot be MPs, senators or State legislative assembly members Ordinary Member, EC Furthermore, their remuneration and other terms of appointment cannot Ordinary Member, EC be altered to their detriment. Ordinary Member, EC 114

The Malaysian Constitution Elections The main functions of the EC are: 1 2 3 Conduct Federal and Prepare and revise Recommend alterations State elections electoral rolls for to Federal and State elections Constituencies 115

The Malaysian Constitution Elections Review of Federal and State Constituencies The EC has the discretion to conduct reviews of constituencies and recommend changes. There must be at least 8 years Review I between the end of one review and Review II (To take no more (To take no more than 2 years) the start of the next than 2 years) 116

The Malaysian Constitution Elections Guiding Principles/Considerations for Review Number of voters in each state Availability of State constituency The inconveniences administrative Constituencies constituencies should be arising from the facilities within should not cross should not cross approximately alteration and the each constituency State boundaries federal equal, with maintenance of for registration and constituencies weightage for area local ties voting in respect of rural constituencies 1 2 3 4 5 117

The Malaysian Constitution Elections Currently, the Constitution fixes the number of federal constituencies at 222, divided as follows: Kedah Perlis Kelantan Terengganu Labuan Sabah 15 3 14 8 1 25 Penang 13 Perak Pahang 24 14 Selangor Johor 22 26 K. Lumpur 11 Putrajaya N. Sembilan Malacca Sarawak 1 8 6 31 118

The Malaysian Constitution Elections A citizen may vote in an election if he or she: Is 21 on the Is resident in a Is registered in the Residency Age Registration qualifying date constituency or, if electoral roll as an not a resident, is an elector in the absent voter constituency in which he resides on the qualifying date “Qualifying date” means the date on “Absent voter” means any How to Register? which the person citizen who is registered as For information on how to applies for an absent voter for a register as a voter, please registration as a constituency visit voter http://www.spr.gov.my 119

The Malaysian Constitution Constitutional AmendmentsThe Constitution may be amended by Federal law passed in accordancewith these additional requirements: Dewan Rakyat Dewan Negara Consent (if applicable) Conference of Rulers Only for amendments pertaining to: Yes ≥ 2/3* Yes ≥ 2/3* • • The Federal guarantee of State Constitutions The status of Islam • The special position of bumiputras • The Malay language as the official language • Others (see Article 159(5) for the full list) State of Sabah or Sarawak or their Yang di-Pertua Negeri * Except for certain minor amendments, an absolute majority of 2/3rds of the total number of members of each House is required. This means that for the Dewan Rakyat at least 148 of its 222 members must Only for amendments pertaining to: • The High Court of Sabah and Sarawak vote in favour and for the Dewan Negara, 47 out of 70 • Matters within the State legislative powers must vote in favour. • Special treatment of natives of the State • Others (see Article 161E for the full list) 121

The Malaysian Constitution Constitutional Amendments There have been approximately 675* individual amendments to the Constitution. 41% of the amendments can be attributed to: Territorial changes: the Creation of the Federal Modernising of terminology: creation of Malaysia, the Court: for the such as replacing Borneo departure of Singapore and restoration of a two tier States with Sabah and the creation of three Federal appellate court system Sarawak and Muslim religion Territories with Islam Formation of Malaysia 118 Singapore Independence * Based on the annotations to the 2006 Reprint of the Federal Creation of Federal Territories Constitution 42 Methodology: Each 30 Creation of Two Tier Appeal Courts amended Article pursuant to an 397 amending legislation 40 Modernising Terms eg "Muslim law" count as one individual 48 to "Islam" amendment. See pages Other Amendments 209 – 229 of the Reprint 122

123THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.

The Malaysian Constitution Other Provisions Malay is the national language But no person is prohibited from using, teaching or learning, any other languages (other than for official purposes )  Official purposes means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority In addition, the Federal or any State Government may preserve or sustain the use and study of the language of any other community in Malaysia 124

The Malaysian Constitution Other ProvisionsAll moneys received by the Federal Governments must be paid intoa single fund, known as the Consolidated Fund. All withdrawalsmust be done in accordance with the Constitution. ConstitutionallyAll revenues and authorisedmoneys payments, suchhowsoever IN OUT as:raised or • Annual budgetreceived by the expenditureFederation • Pensions • National debt charges 125

The Malaysian Constitution Other Provisionshttp://www.agc.gov.my Appointment and Removal The Attorney General (AG) is appointed by the Yang di- Pertuan Agong (YDPA) on the advice of the Prime Minister, and remains as Attorney General at the pleasure of the YDPA. Duties Amongst other things, the AG’s roles include advising the Executive on legal matters. As public prosecutor, the AG has full discretion in instituting proceedings for offences committed except for those under the jurisdiction of the Shariah court, native court or court martial. The AG’s decisions on whether or not to prosecute someone cannot be challenged in Court. 126

The Malaysian Constitution Other Provisionshttp://www.audit.gov.my Appointment and Removal The Auditor General is appointed by the YDPA on the advice of the Prime Minister, after consulting the Conference of Rulers. The Auditor General shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court. Powers and Duties The Auditor General audits and reports on the Click to read the accounts of the Federation and the States. Auditor General’s 2010 Audit Report on the Federation. The reports of the Auditor General must be presented National Feedlot to the Dewan Rakyat. Corp’s report on pages 135 - 147. 127

The Malaysian Constitution Other Provisions A member of the Dewan Negara or Dewan Rakyat is disqualified if he or she: • is of unsound mind • is an undischarged bankrupt • holds an office of profit in the public services, such as a High Court judge • has failed to lodge any return of election expenses • has voluntarily acquired a foreign citizenship or declared allegiance to a foreign country or exercised rights of citizenship of a foreign country • has been convicted and sentenced to: • imprisonment for a term of not less than one year or • a “fine of not less than RM2,000” 128

The Malaysian Constitution Other ProvisionsA member of the Dewan Negara or Dewan Rakyat may voluntarily resign as anMP or Senator at any time.Q: Can an MP or Exco member give his or her party an undated, signed resignation letter which theparty can submit to the House without the member’s further consent?A: No. The Federal Court held that this type of arrangement is void and unenforceable. See Ong - vs -Sinyium Mutit [1983] 1 MLJ 36 (Salleh Abbas FJ) Parliament MP/ Political or State Exco member Party Legislative Date:______ To Speaker of House Council I hereby tender my resignation from being a member of this House with immediate effect. Yours faithfully Sgd. by member 129

The Malaysian Constitution Other Provisions Article 91 establishes the National Land Council. NLC Its members are a Minister, one representative from each State, and up to 10 representatives appointed by the Federal Government. The NLC has the duty to formulate, in consultation with Federal Yes ≥ 2/3* Yes ≥ 2/3* Government, the State governments and the National Finance Council, a national policy for the promotion and control of land utilisation for mining, agriculture, forestry or any other purpose. The Federal and State Governments must follow the national policy, but the Governments of Sabah and Sarawak are not required to do so unless both Parliament and the Yang di Pertua Negeri of the relevant State agree that that State Government shall be bound. 130

The Malaysian Constitution Other Provisions NCLG Article 95A establishes a National Council for Local Government (NCLG). Its members are a Minister, one representative from each State, and up to 10 representatives appointed by the Federal Government Yes ≥ 2/3* Yes ≥ 2/3* The NCLG has the duty to formulate, in consultation with Federal and State governments, a national policy for the promotion, development and control of local governments in the Federation. The Federal and State Governments must follow the national policy, but the Governments of Sabah and Sarawak are not required to do so unless both Parliament and the relevant State Legislature agree that that State Government shall be bound. 131

The Malaysian Constitution Other Provisions The Constitution provides for the establishment of the following public services: 1 Armed Forces 2 Judicial and Legal Service 3 General Public Service 4 Police Force 5 Joint Public Services 6 States’ Public Services 7 Education Service 132

The Malaysian Constitution Bahasa Malaysia text English text of the Constitution of the Constitution Document of Destiny – The Constitution of Malaysia Constitutional Landmarks Constitution of the Text and Commentary in Malaysia Federation of Malaysia By Abdul Aziz Bari and Editors Harding and Lee www.perlembagaanku.com by Shad Saleem Faruqi Farid Sufian Shuaib A national campaign to educate the Malaysian public and create greater awareness about the Federal Constitution. 133

The Malaysian Constitution http://www.slideshare.net/mbl2020 134

The Malaysian Constitution SURVEY Please help us improve this Introduction by completing a one minute survey. Just click here. Thanks! 135

The Malaysian Constitution This presentation is a free educational guide to understanding the Federal Constitution of Malaysia. It does not purport to be comprehensive or accurate and it does not constitute legal advice. All liability arising as a result, directly or indirectly, of acting or refraining from action on the basis of any matter contained in this presentation is expressly disclaimed by the author. 136

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Malaysian Constitution - An Introduction to the Malaysian Constitution

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Malaysian Constitution - An Introduction to the Malaysian Constitution — Presentation Transcript