8. Rigid Constitution
• Entrenchment in general means that amending a
constitution is a more difficult process than that
for modifying ordinary laws. Some constitutions
also contain entrenched clauses, i.e. articles
stating that certain modifications are either more
difficult to make than normal modifications, or
impossible to make at all. Entrenchment is an
inherent feature in most written constitutions.
• Ex. U.S. A’s Constitution
11. Malaysian Constitution
Some articles may be amended only by a two-thirds
majority in each House of ParliamentSome articles may
be amended only by a two-thirds majority in each House
of Parliament but only if the Conference of Rulers
consents. These include:
• Amendments pertaining to the powers of sultans and
their respective states
• The status of Islam in the Federation
• The special position of the MalaysThe special position of
the Malays and the natives of SabahThe special position
of the Malays and the natives of Sabah and Sarawak
12. Malaysian Constitution
Some articles of special interest to East Malaysia
may be amended by a two-thirds majority in each
House of Parliament but only if the Governor of
the East Malaysian state concurs. These include:
– Citizenship of persons born before Malaysia Day
– The constitution and jurisdiction of the High Court of Borneo
– The matters with respect to which the legislature of the state
may or may not make laws, the executive authority of the state
in those matters and financial arrangement between the
Federal government and the state.
– Special treatment of natives of the state