federal constitution

1. Course Name : CONSTITUTIONAL LAW II
Course Code: GLUP 1123
Topic
1. Introduction
1.1. Examination of the contents of the Federal Constitution.
2. Convention
2.1. Meaning
2.2. Convention in Malaysia and England
2.3. Effects of violation.
3. Subversion (Article 149)
3.1. Special Powers against subversive action, organized crimes and crimes which are prejudicial to public
order.
3.2. Legislation against subversion and actions which are prejudicial to public order
3.3. Exceptions to violations of fundamental liberties
3.4. Preventive detention and detention without trial (article 149, 151 of the Federal Constitution, The Internal
Security Act)
4. Emergency Power And Declaration Of Emergency (Article 150)
Illustrations of incidents of Emergencies
4.1. Emergency 1948
4.2. Sarawak Emergency 1964
4.3. May 13th
incident 1969
5. Amendments of the Constitution. (Art. 159 (1)-(6)
5.1. Procedures
5.2. constitution amendment Bill
5.3. amendments which are exempted from procedures
6. Constitutional Crises in Malaysia-Examples Of Constitutional Crises
6.1. Crises of 1983 and 1984
6.2. Constitutional crisis of 1988 – Dismissal of former Lord President of the judiciary Tun Salleh Abbas.
6.3. Constitutional crisis of 1993 –Issues regarding royal Immunity.
7. National Leadership, Relationship Between Subjects, State, Voters And Election:
7.1. Party system and electors

2. 7.2. Prime Minister’s Powers.
7.3. Pressure groups and Parliament
7.4. Public reaction to internal politics
7.5. Loyalty of subjects
7.6. The position of the courts, tribunal and public inquiries.
7.7. Enforcement of the law: the role of the military and the Police Force-police powers
7.8. Executive powers.
8. Fundamental Liberties In Malaysia Article 5-13 of the federal constitution
8.1. PERSONAL LIBERTY- ARTICLE 5
The right to live, rights of arrested persons, Habeas Corpus and exceptions to personal liberty rights.
8.2. SLAVERY AND FORCED LABOUR-ARTICLE 6
Exceptions to prohibitions against forced labour
Law concerning compulsory service
8.3. PROTECTION AGAINST RETROSPECTIVE CRIMINAL LAWS AND REPEATED TRIALS (ART.7 (1) AND (2)
The concept of double jeopardy
Exceptions to situation where repeated trial is not amount to double jeopardy
8.4. EQUALITY – ARTICLE 8
Equal before the law and entitled to the equal protection
Exceptions to prohibitions equality
8.5. PROHIBITION AGAINST BANISHMENT AND FREEDOM OF MOVEMENT. (ART.9
Parliament may by law impose restrictions on movement and residence.
8.6. FREEDOM OF RELIGION (ART.11)
8.7. RIGHTS IN RESPECT OF EDUCATION (ART. 12)
8.8. RIGHTS TO PROPERTY (ART.13)
References:
Main reference:
Cremean, D.J. (2011). MP Jain’s Administrative law of Malaysia and Singapore (4rd
ed.). Kuala Lumpur:
Malayan Law Journal Sdn. Bhd.
Additional references :
Wan Azlan Ahmad & Nik Ahmad Kamal Nik Mahmood. (2006). Administrative Law in Malaysia. Malaysia:
Sweet & Maxwell
Wan Azlan Ahmad & Mohsin Hingun. (1995). An introduction to administrative law. Singapore: FT Law &
Tax.

3. Carroll, A. (2003). Constitutional & administrative law. (3rd
ed). Harlow: Pearson.
Craig, P. P. (2003). Administrative law. (5th
ed.). London: Sweet & Maxwell.
Jones, B & Thompson, K & (1996). Garner’s administrative law. (8th
edition). London: Oxford University
Press.