Malaysian Constitution - An Introduction to the Malaysian Constitution

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An introductory guide to the basics of the Constitution of Malaysia. Includes case briefs on topical constitutional cases and comments on current constitutional issues.

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  • And, here for ease of comparison to the Indian provision below, is our Article 12: Article 12: Rights in respect of education 12. (2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose. (3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own. (4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.
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  • In relation to the current debate around Article 12(3)/(4), it may be useful to take a look at the equivalent provision from the Indian Constitution, Art. 28(3): Constitution of India, Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
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  • Happy Malaysia Day! Just uploaded the minutes of a United Nations meeting in 1963 which discussed the constitutional position on Malaysia. In paragraphs 64 and 65 of the minutes, Dato' Ong, the then Malaysian UN representative, placing “on record the true constitutional position of Malaysia” said that: “Constitutionally, the Federation of Malaya, established in 1957 and admitted to membership of this Organization the same year, and Malaysia are one and the same international person. What has happened is that, by constitutional processes, the Federation has been enlarged by the addition of three more states, as permitted and provided for in article 2 of the Federation of Malaya Constitution, and that the name "Federation of Malaya has been changed to "Malaysia". The constitutional position, therefore, is that no new State has come into being, but that the same State has continued in an enlarged form known as Malaysia. It is clear that the Federation of Malaya has merely enlarged its areas of jurisdiction and that its personality continues under a new name. There has been no severance of the continuity of the existence of the State, nor has it been brought to an end in any way. This is underlined by the fact that it is the same written constitution that continues to govern the entire nation of Malaysia.” The link to the minutes is http://www.slideshare.net/mbl2020/un-meeting-minutes-dec1963-malaysia
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  • Succinct and precise
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  • Where do you get the facts and issues about Perak MB case? can you give me the link because i have given a task to search additional facts and issues. and also i have to search about the judgement
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Malaysian Constitution - An Introduction to the Malaysian Constitution

  1. Version Date [March 2015] An introduction to the MALAYSIAN CONSTITUTION 2015 Edition Last Revised: 8 March 2015 THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  2. MALAYSIAN CONSTITUTION TABLE OF CONTENTS 2 CHAPTERS 1 History 3 2 Main Features 8 3 Legislature 13 4 Executive 19 5 Judiciary 27 6 Fundamental Liberties 32 7 Legislative Provisions 56 8 Islam and Islamic Law 61 9 Special and Emergency Powers 70 10 Malays and Article 153 75 11 Elections 79 12 Other Provisions 86 DISCLAIMER 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. Please seek your own legal advice for any constitutional law matter.
  3. MALAYSIAN CONSTITUTION HISTORY 3 1 HISTORY SEJARAH THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  4. MALAYSIAN CONSTITUTION HISTORY 4 Federation of Malaya 31 Aug 1957 The Federation was established on this day. Federation of Malaya The Federation was initially called the Federation of Malaya (Persekutuan Tanah Melayu). Johor Kedah Kelantan Melaka Negeri Sembilan Pahang Pulau Pinang Perak Perlis Selangor Terengganu
  5. MALAYSIAN CONSTITUTION HISTORY 5 Malaysia 16 Sept 1963 The Federation was enlarged with 3 new member states, Sabah, Sarawak and Singapore. Malaysia At the same time, its name was changed to Malaysia. + Sabah + Sarawak + Singapore left the Federation in 1965
  6. MALAYSIAN CONSTITUTION HISTORY 6 Was Malaysia a new country? No The establishment of Malaysia did not create a new country: The Federation established on 31 August 1957 continued to exist, with three new member states added and a new name. Official Statement to the United Nations "constitutionally, the Federation of Malaya, established in 1957 ... and Malaysia are one and the same international person. What has happened is that, by constitutional process, the Federation has been enlarged by the addition of three more States ... and that the name ‘Federation of Malaya’ has been changed to ‘Malaysia.’ ” Statement by the Malayan permanent representative to the 18th session of the 1283 meeting of the UN General Assembly
  7. MALAYSIAN CONSTITUTION HISTORY 7 Evolution of the Federation Established 1957 Johor, Kedah, Kelantan, Terengganu, Negeri Sembilan, Pahang, Perak, Perlis, Selangor, Melaka, and Pulau Pinang + Sabah + Sarawak + Singapore Malaysia Day 16 Sep 1963 Republic of Singapore Independence Day 9 Aug 1965 Merdeka Day 31 Aug 1957 Present Date Name: FEDERATION OF MALAYA Name changed: MALAYSIA - Singapore
  8. MALAYSIAN CONSTITUTION MAIN FEATURES 8 2 MAIN FEATURES CIRI-CIRI UTAMA THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  9. MALAYSIAN CONSTITUTION MAIN FEATURES 9 The Constitution is the SUPREME LAW of Malaysia Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. Article 4(1). Any court or tribunal applying the provision of any law in operation immediately before 31 Aug 1957 may apply it with such modifications as may be necessary to bring it into accord with the Constitution. Article 162(6).
  10. MALAYSIAN CONSTITUTION MAIN FEATURES 10 Malaysia is a CONSTITUTIONAL MONARCHY Head of State Five-year reign Advice The Yang di- Pertuan Agong (King) is Malaysia’s Constitutional Head of State. He is elected by the Conference of Rulers, by rotation, from the Rulers of the nine Malay States. Each King is elected for a five year reign The King exercises his executive powers on the advice of the Cabinet, except on limited matters.
  11. MALAYSIAN CONSTITUTION MAIN FEATURES 11 The three branches of government are the LEGISLATURE EXECUTIVE JUDICIARY The Legislature make laws. The Executive administers the laws. The Judiciary interpret the laws.
  12. MALAYSIAN CONSTITUTION MAIN FEATURES 12 The constitution provides FUNDAMENTAL LIBERTIES Article 5 Liberty of the person 6 Slavery and forced labour prohibited 7 Protection against retrospective criminal laws and repeated trials 8 Equality 9 Prohibition of banishment and freedom of movement 10 Freedom of speech, assembly and association 11 Freedom of religion 12 Rights in respect of education 13 Rights to property
  13. MALAYSIAN CONSTITUTION LEGISLATURE 13 3 LEGISLATURE BADAN PERUNDANGAN THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  14. MALAYSIAN CONSTITUTION LEGISLATURE 14 Parliament Article 44 The Malaysian parliament is a bi-cameral legislature: Dewan Negara The Dewan Negara (the Senate) is the upper house Dewan Rakyat The Dewan Negara (House of Representatives) is the lower house PARLIAMENT BUILDING, KL
  15. MALAYSIAN CONSTITUTION LEGISLATURE 15 Dewan Negara Article 45 70 senators 44 senators are appointed by the King (on the advice of the Executive) and 26 are elected by the State Legislatures (2 by each State). 3 year appointments Each appointment is for a 3 year term, not affected by the dissolution of Parliament. 2 terms maximum A person can only be a senator for a maximum of two terms, whether consecutive or otherwise. PARLIAMENT BUILDING, KL
  16. MALAYSIAN CONSTITUTION LEGISLATURE 16 Dewan Rakyat Article 46 222 members The 222 members of the Dewan Rakyat are elected from: 5 year term Each member remains in office for a term of five years or until the dissolution of Parliament PARLIAMENT BUILDING, KL Sarawak Johor Sabah Perak Selangor 31 26 25 24 22 Kedah Pahang Kelantan Penang KL 15 14 14 13 11 Terengganu N. Sembilan Melaka Perlis 8 8 6 3 Putrajaya Labuan 1 1
  17. MALAYSIAN CONSTITUTION LEGISLATURE 17 Parliamentary Cycle Article 55 First Meeting Each Parliament starts from the date of its first meeting 5 years Each parliament lasts for 5 years from the date of its first meeting, unless dissolved earlier by the King at the request of the PM. General Elections within 60 days Once a Parliament is dissolved, general elections must be held within 60 days of the date of dissolution. Next Parliament within 120 days The next Parliament must meet within 120 days of the dissolution
  18. MALAYSIAN CONSTITUTION LEGISLATURE 18 Power to make laws Articles 73 - 79 Parliament may make laws on matters under the federal and the concurrent legislative lists. Federal List Concurrent List State List Only Parliament may make laws on matters in the Federal List Both Parliament and State Legislatures may make laws on matters in the Concurrent List State Legislatures may make laws on matters in the State List Parliament may authorise any State Legislature to make laws on matters in the Federal List, subject to any conditions or restrictions which Parliament may impose (Article 76A) If any State law is inconsistent with Federal law, the Federal law shall prevail over the State law and the State law shall be void to the extent of the inconsistency (Article 75) Parliament may make laws on matters on the State List in certain circumstances, such as for the purpose of promoting uniformity of the laws of two or more States (Article 76) State Legislatures have the residual power to make laws on any matter not falling within any legislative list (Article 77)
  19. MALAYSIAN CONSTITUTION EXECUTIVE 19 4 EXECUTIVE BADAN EKSEKUTIF THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  20. MALAYSIAN CONSTITUTION EXECUTIVE 20 Executive Power Articles 39 - 40 King acting on cabinet advice Executive authority is vested in the King but, as a constitutional monarch, he must act in accordance with the advice of the Cabinet, except on certain limited matters such as the giving of consent to the early dissolution of Parliament. PERDANA PUTRA, PUTRAJAYA FROM WIKIMEDIA BY JASEMAN
  21. MALAYSIAN CONSTITUTION EXECUTIVE 21 Cabinet appointment Article 43 1 King appoints PM The King in his discretion appoints as the PM a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of that house. 2 PM advises King on other Cabinet members The PM then advises the King to appoint the other Cabinet members, from the Dewan Rakyat or Dewan Negara
  22. MALAYSIAN CONSTITUTION EXECUTIVE 22 Must the PM be of any particular race? No Confidence of the Dewan Rakyat Under the Constitution, the member (MP) of the Dewan Rakyat who “commands the confidence of the majority” of the Dewan shall be appointed as the Prime Minister. No other requirements There are no other qualification requirements in the Constitution for an MP to become a Prime Minister. Therefore, an MP of any race can become the PM so long as the person has the confidence of the Dewan. However, a citizen by registration under Article 17 cannot be a PM.
  23. MALAYSIAN CONSTITUTION EXECUTIVE 23 Resignation of PM Article 43(4) PM to resign when loss of confidence occurs If the Prime Minister ceases to command the confidence of the majority of the members of the Dewan Rakyat, he must tender the resignation of the Cabinet, unless the King agrees to dissolve Parliament. Dissolution of parliament As an alternative to resignation, the King may at the PM’s request dissolve Parliament. Here the King may act in his absolute discretion and is not bound to accept the PM’s request or to follow his advice.
  24. MALAYSIAN CONSTITUTION EXECUTIVE 24 Facts In the 2008 Perak State elections, Pakatan Rakyat won 31 out of 59 seats. Dato’ Seri HJ Mohammad Nizar (Nizar) from Pakatan was appointed as the Menteri Besar (MB). The following year, 3 members of the State assembly left Pakatan and declared their support 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 the Perak State Constitution, HRH refused to do so and subsequently appointed a new MB. Issues When an MB has, as a matter of fact, ceased to command the confidence of the majority of the assembly, does he nevertheless remain as MB until a motion of no confidence is passed against him and thereafter he voluntarily resigns? Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Dato’ Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010) The Perak MB Case 1 If an MB loses the confidence of the State Assembly, he must resign if the Sultan does not dissolve the assembly. 2 It is not necessary for a motion of no confidence to be passed as the Perak Constitution does not require it. 3 If the MB refuses to resign, he is deemed to have resigned, following the Privy Council case of Dato Amir Kahar.
  25. MALAYSIAN CONSTITUTION EXECUTIVE 25 Resignation of ministers Article 43(5) Ministers other than the Prime Minister hold office during the pleasure of the King, unless the appointment of any Minister shall have been revoked by the King on the advice of the Prime Minister.
  26. MALAYSIAN CONSTITUTION EXECUTIVE 26 Facts The Appellant was appointed as the Deputy Prime Minister in 1995. On 2 Sept 1998, he was notified by 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 King to revoke the appointment and such advice was accepted by the King (according to uncontradicted evidence of the Confidential Secretary to the King). Issues Does Article 45(3) of the Federal Constitution specifically require the King to be the authority to revoke the appointment of the Appellant as Deputy Prime Minister? Dato Seri Anwar bin Ibrahim (Appellant) v Prime Minister of Malaysia and Anor. (Respondents) (Federal Court, Mar 2010) The Deputy PM Case 1 The King’s decision to remove a Cabinet member must be based on the PM’s advice 2 The King need not personally notify the Cabinet member of his decision.
  27. MALAYSIAN CONSTITUTION JUDICIARY 27 5 JUDICIARY BADAN KEHAKIMAN THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  28. MALAYSIAN CONSTITUTION JUDICIARY 28 Judiciary Articles 121 – 131A The judiciary deals with all civil and criminal matters, other than those which are under the Syariah courts. The Federal Court is the highest civil court. It has the power to determine Constitutional issues. Federal Court Court of Appeal High Courts Subordinate Courts PALACE OF JUSTICE, PUTRAJAYA
  29. MALAYSIAN CONSTITUTION JUDICIARY 29 Facts Kok 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 King (acting on Cabinet advice) deems appropriate. Issues Whether the detention order was unconstitutional because under the doctrine of separation of powers, judicial power vests in the judiciary and not the Executive. PP v Kok Wah Kuan [2007] 5 MLJ 174, Federal Court The Separation of Powers Case 1 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 Constitution does have features of this doctrine but the Constitution does not strictly comply with the doctrine (e.g. Ministers are both legislators and executives). 2 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 the Constitution, which it is not.
  30. MALAYSIAN CONSTITUTION JUDICIARY 30 How are judges appointed? Article 122B High Court, Court of Appeal and Federal Court judges are appointed by the King on the advice of the Prime Minister PRIME MINISTER KING 1 Selection 2 Consultation 3 Advice 4 Consultation 5 Appointment A candidate is selected to be a judge PM consults persons listed in Art 122B eg the Federal Court Chief Justice PM advises the King to appoint the candidate as a judge The King consults the Conference of Rulers The King appoints that candidate as judge PALACE OF JUSTICE, PUTRAJAYA
  31. MALAYSIAN CONSTITUTION JUDICIARY 31 Judges’ security of tenure Article 125 Once appointed, High Court, Court of Appeal and Federal Court judges cannot be removed except under exceptional circumstances (such as infirmity of mind) by a tribunal of judges. PALACE OF JUSTICE, PUTRAJAYA SECURITY OF TENURE High Court Chief Justices Court of Appeal President Federal Court President High Court Judges Court of Appeal Judges Federal Court Judges
  32. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 32 6 FUNDAMENTAL LIBERTIES KEBEBASAN ASASI THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  33. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 33 FUNDAMENTAL LIBERTIES Article 5(1) and (2) Life and personal liberty Life and personal liberty can only be deprived in accordance with law. If unlawfully detained, the judiciary has the power to release the detainee, upon a complaint to the High Court or one of its judges. Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  34. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 34 Facts The three appellants are Muslim men with gender identity disorder (GID). They were appealing against their conviction under a Negeri Sembilan Syariah law which makes it an offence for Muslim men to wear a woman’s attire, or to pose as a woman, in public. Issues Whether the cross-dressing law is void because it violates the appellants’ fundamental liberties under the Constitution. Muhamad Juzaili bin Mohd Khamis and 2 Others v State Govt of Negeri Sembilan, Department of Islamic Religious Affairs, Negeri Sembilan and 3 Others. Court of Appeal 2014 The NS Syariah Cross- dressing Law Case 1 All State laws, incl. Islamic laws, must be consistent with the fundamental liberties guaranteed in the Malaysian Constitution. 2 A law that prohibits men with gender identity disorder from dressing in woman’s attire violates several of their fundamental liberties: Art 5(1) - It infringed on their right to live with common human dignity. Art 8(1) - It treats men with GID and normal men equally, when they are psychological unequal. Art 8(2) - As the law does not prohibit women from dressing as men, it is gender discriminatory. Art 9(2) - It has denied their right to move freely in public places. Art 10(1)(a) - It violated the appellants’ freedom of expression.
  35. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 35 FUNDAMENTAL LIBERTIES Article 5(3) Rights upon being arrested A person who is arrested has the right to be informed, as soon as may be, of the grounds of arrest. The person arrested shall be allowed to consult and be defended by a lawyer chosen by the person arrested. Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies) Does not apply to an enemy alien
  36. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 36 FUNDAMENTAL LIBERTIES Article 5(4) and (5) Right to be released from arrested If a person who has been arrested has not been released, he or she shall without unreasonable delay (or after 24 hours1 at the most, excluding travelling time), be brought before a magistrate2 and any further detention will require the magistrate’s approval.3, 4 Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies) 1 If the person arrested is not a citizen and the arrest or detention is under the law relating to immigration, the period of 24 hours is replaced with 14 days. 2 For arrests relating to an offence triable by a Syariah court, references to a magistrate shall mean a judge of a Syariah court. 3 The requirement to be brought before a magistrate does not apply to arrest or detention under laws relating to restricted residence. 4 This right does not apply to an enemy alien.
  37. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 37 FUNDAMENTAL LIBERTIES Article 6(1) and (2) Slavery and forced labour prohibited No person can be held as a slave. All types of forced labour are prohibited, but Parliament may make laws for compulsory national service. Not applicable to laws passed under Art. 150 (emergencies)
  38. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 38 FUNDAMENTAL LIBERTIES Article 7(1) Protection against retrospective criminal laws No person can be punished for something he or she did or omitted to do if that was not punishable by law at the time he or she did that act or made that omission. No person can suffer greater punishment for an offence than was prescribed by law at the time it was committed. Not applicable to laws passed under Art. 150 (emergencies)
  39. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 39 FUNDAMENTAL LIBERTIES Article 7(2) Protection against repeated trials If a person has been acquitted or convicted of an offence, he or she cannot be tried again for the same offence, except if the acquittal or conviction has been quashed, and a retrial is ordered, by a court that is higher than the one in which he or she was acquitted or convicted. Not applicable to laws passed under Art. 150 (emergencies)
  40. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 40 FUNDAMENTAL LIBERTIES Article 8(1) Equality under the law All persons are equal before the law and are entitled to the equal protection of the law. Not applicable to laws passed under Art. 150 (emergencies)
  41. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 41 FUNDAMENTAL LIBERTIES Article 8(2) No discrimination because of religion, race, descent, birth place or gender in certain matters Unless authorized by the Constitution, a person cannot be discriminated against because of his or her religion, race, descent, place of birth, or gender, in these areas: 1 any law 2 the appointment to any office or employment under a public authority 3 the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment Not applicable to laws passed under Art. 150 (emergencies)
  42. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 42 FUNDAMENTAL LIBERTIES Article 8(3) No discrimination in favour of State subjects 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 Art. 150 (emergencies)
  43. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 43 FUNDAMENTAL LIBERTIES Article 8(4) No discrimination by public authority on grounds of out of jurisdiction No public authority can discriminate against any person because he or she is resident or conducting business outside the jurisdiction of the authority. Not applicable to laws passed under Art. 150 (emergencies)
  44. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 44 FUNDAMENTAL LIBERTIES Article 9(1) Prohibition of banishment No citizen can be banished or excluded from the Federation Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  45. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 45 FUNDAMENTAL LIBERTIES Article 9(2) and (3) Freedom of movement Every citizen has the right to move freely throughout the Federation, and to reside in any part of the Federation. This right does not apply under laws relating to: 1 Security of the Federation, public order, public health or punishment of offenders 2 States in a special position as compared to the States of Malaya Not applicable to laws passed under Art. 150 (emergencies)
  46. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 46 FUNDAMENTAL LIBERTIES Article 10(1)(a), (2)(a) and (4) Freedom of speech and expression Every citizen has the right to freedom of speech and expression. Parliament may by law impose restrictions in the interest of: 1 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)) 2 morality, friendly relations with other countries 3 protecting the privileges of Parliament/Legislative Assembly 4 preventing contempt of court, defamation, or incitement to any offence Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  47. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 47 Facts The 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 prohibits university students from expressing or doing anything in support for, or sympathy with, or opposition to, any political party. Issues 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? Muhammad Hilman bin Idham & 3 Others. (Appellants) v University Kebangsaan Malaysia & 2 Others (Respondents) (Court of Appeal, Oct 2011) The UKM4 Case 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.
  48. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 48 FUNDAMENTAL LIBERTIES Article 10(1)(b) and (2)(b) Freedom of assembly All citizens have the right to assemble peaceably and without arms. Parliament may by law impose restrictions in the interest of national security or public order. Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  49. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 49 FUNDAMENTAL LIBERTIES Article 10(1)(c) and (2)(c) Freedom of association All citizens have the right to form associations. Parliament may by law impose restrictions in the interest of national security, public order or morality. Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  50. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 50 Facts Nordin Salleh was elected to the Kelantan State Legislative Assembly (Dewan Undangan Negeri Kelantan (“DUNK”)) during the 1990 general elections. In 1991, the Kelantan State Constitution was amended to provide that a member of the DUNK who is a member of any political party shall cease to be a member of the DUNK if he or she resigns or is expelled from such political party. Pursuant to this new provision, the DUNK declared that Nordin ceased to be a member of the DUNK, thus triggering a by- election in his constituency. Issues Whether the new provision of the Kelantan Constitution is inconsistent with the right to freedom of association under Article 10(1)(c) of the Malaysian Constitution and is therefore void? Kelantan State Legislative Assembly v Nordin Salleh (Supreme Court, April 1992 The Party-hopping Case The Kelantan Constitution’s provision is Constitutionally void because the direct and inevitable consequence of the provision is to restrict the right of a member of the DUNK from exercising freedom of association.
  51. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 51 FUNDAMENTAL LIBERTIES Article 11(1), (4) and (5) Freedom of religion You have the right to profess and practise your religion and, subject to the restriction below, to propagate it. State law and, in respect of the Federal Territories, federal law may control or restrict the propagation of any religion among Muslims. This freedom does not authorise you to act contrary to any law relating to public order, public health or morality.
  52. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 52 FUNDAMENTAL LIBERTIES Article 11(2) and (3) Other religious freedoms Every religious group has the right to: 1 manage its own religious affairs 2 establish and maintain institutions for religious or charitable purposes 3 acquire and own property and hold and administer it in accordance with the law No one can be forced to pay any tax which will be used in whole or in part for any religion which is not that person’s religion.
  53. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 53 FUNDAMENTAL LIBERTIES Article 12(3) and (4) No compulsory religious education and ceremonies in another religion 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. For the above purposes, the religion of a person under 18 shall be decided by his parent or guardian.
  54. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 54 FUNDAMENTAL LIBERTIES Article 12(1) Rights in respect of education No citizen can be discriminated against on the grounds of religion, race, descent or place of birth: 1 in the administration of any educational institution maintained by a public authority, and, in particular, the admission of students or the payment of fees, or 2 in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Malaysia). See the slide 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).
  55. MALAYSIAN CONSTITUTION FUNDAMENTAL LIBERTIES 55 FUNDAMENTAL LIBERTIES Article 13 Rights to property No one shall be deprived of property except in accordance with law. No law shall provide for compulsory acquisition or use of property without adequate compensation. Not applicable to laws passed under Art. 149 (security laws) or Art. 150 (emergencies)
  56. MALAYSIAN CONSTITUTION LEGISLATIVE PROVISIONS 56 7 LEGISLATIVE PROVISIONS PERUNTUKAN UNDANGAN THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  57. MALAYSIAN CONSTITUTION LEGISLATIVE PROVISIONS 57 How are laws made? Articles 66 - 68 1 Dewan Rakyat passes the Bill 2 Dewan Negara passes the Bill 3 King gives Royal assent It is possible for Bills (i.e. proposed laws) to be originated by the Dewan Negara, but in practice they are originated by the Dewan Rakyat. The Dewan Negara however cannot originate Bills relating to taxation, Federal loans and guarantees, the Consolidated Fund, and other matters specified in Article 67 The Dewan Negara’s refusal to pass a Bill (other than Constitutional amendment bills) may be by-passed under the procedures described in Article 68. If the King does not assent to a Bill within 30 days after it has been presented to him, it shall automatically become law , as provided under Article 66(4) (4A).
  58. MALAYSIAN CONSTITUTION LEGISLATIVE PROVISIONS 58 Federal List 9th Schedule, List I Here are the areas in which Parliament may create laws: External affairs National defence Internal security Civil and criminal law Federal citizenship Machinery of government Communication and transportation Trade, commerce and industry Shipping, navigation and fisheries Finance Federal works and power Surveys Education Medicine and health Labour and social security Welfare of aborigines Professional occupations Federal holidays Unincorporated societies Agricultural pest control Newspapers and publications Censorship Theatres, cinemas, films Co-operatives Tourism Fire services All Federal Territory matters For the full description see List I of the 9th Schedule of the Constitution
  59. MALAYSIAN CONSTITUTION LEGISLATIVE PROVISIONS 59 State List 9th Schedule, List II Here are the areas in which State Assemblies may create laws: Islamic law and personal and family law for Muslims Machinery of state government Agriculture and forestry, incl. agricultural loans Local government Local services e.g. markets State works and water Land State holidays Offences for state matters Inquiries for State purposes Indemnity for State matters Turtles and riverine fishing Libraries, museums, monuments etc.1 Native law and customs, incl. family law, and native courts1 Incorporation of bodies set up under State law1 Ports and harbours1 Cadastral land surveys1 Sabah Railway2 1 Items in green are for Sabah and Sarawak only 2 Item in blue is for Sabah only For the full description see List II of the 9th Schedule of the Constitution
  60. MALAYSIAN CONSTITUTION LEGISLATIVE PROVISIONS 60 Concurrent List 9th Schedule, List III The areas in which both Parliament and State Assemblies may legislate are: Social welfare Scholarships Protection of wild animals, national parks Animal husbandry, vets, etc. Town and country planning Vagrancy and hawkers Public health, sanitation and disease prevention Drainage and irrigation Rehabilitation of mining land/land suffering erosion Fire safety for buildings Culture and sports Housing, accommodation Personal law1 Adulteration of food, goods1 Shipping under 15 tons1 Water power and hydroelectricity1 Agricultural and forestry research1 State charities1 Theatres, cinemas, films1 State Elections during indirect elections1 Medicine and health1 (For Sabah, expired 1970) 1 Items in green are for Sabah and Sarawak only For the full description see List III of the 9th Schedule of the Constitution
  61. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 61 8 ISLAM AND ISLAMIC LAW ISLAM DAN UNDANG-UNDANG SYARIAH THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  62. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 62 Religion of the Federation Article 3(1) and (4) Islam is the religion of Malaysia MASJID KAMPUNG KLING, MELAKA, FROM WIKIMEDIA BY VMENKOV Islam is the religion of the nation, but the Constitution also says that: Other religions may be practised in peace and harmony in any part of the Federation. The fact that Islam is the religion of Malaysia does not affect the meaning of the rest of the Constitution.
  63. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 63 The Constitution and Islam (derogate from) detract from: e.g. this does not derogate from his duty to act honestly and faithfully. Article 3(1) Islam is the religion of Malaysia Article 3(4) But this does not affect the rest of the Constitution Article 3
  64. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 64 Facts The appellant challenged the death penalty under the Fire Arms (Increased Penalties) Act on the ground that it is unIslamic. Issue Since Islam is the religion of the Federation, is the death penalty for a firearm offence void because it is not a hudud or qisa offence? Che Omar bin Che Soh v PP [1988] 2 MLJ 55 (Federal Court) The Che Omar Case 1 Before the British came, Malaya had an Islam system where divine sovereignty was recognised. This was changed to a secular system when the British ascribed sovereignty to the rulers. Under this system all laws, including Islamic laws, had to be created through secular authorisation. 2 It was in this sense that the word “Islam” is understood under Art. 3. 3 It is therefore contrary to the constitutional and legal history of the Federation to say that all laws must conform with Syariah law.
  65. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 65 Relationship between secular law and Islamic law * Certain types of secular law, such as those relating to family and personal law, will not apply to Muslims if they are subject to an equivalent Islamic law. Islamic law is under the jurisdiction of State Legislatures but tor the Federal Territories, Islamic law comes under Federal jurisdiction (para 4(k) of the Federal List) Secular law applies to everyone* Islamic law applies to Muslims only
  66. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 66 Constitutionally permitted Islamic law Paragraph 1 of the State List, 9th Schedule Islamic laws do not apply to non- Muslims State1 Islamic law and personal and family law of Muslims 2 Wakafs, Islamic charities, trusts and institutions 3 Zakat, Fitrah and Baitulmal; Mosques 4 Offences by Muslims against the percepts of Islam but not including matters in the Federal List (“Islamic offences”) 5 Syariah courts 6 Control of propagating other religions amongst Muslims 7 Determination of matters of Islamic law and doctrine and Malay custom
  67. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 67 Relationship between criminal offences and Islamic offences Para 4 of the Federal List and Para 1 of the State List, 9th Schedule * Means offences by Muslims against the percepts of Islam. Does not include criminal offences which are under Federal jurisdiction Criminal offences apply to everyone State Islamic offences* apply to Muslims only Federal State
  68. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 68 Syariah Courts’ jurisdiction for Islamic offences Para 1 of the State List, 9th Schedule Constitutionally, Syariah Courts have no jurisdiction over Islamic offences unless authorised by federal law: the Syariah Courts (Criminal Jurisdiction) Act 1965 permits Syariah courts to try Islamic offences but not if the maximum jail term, fine or number of whips allowed exceed the maximum stated above Jail Fine Whipping Max: 3 years Max: RM5,000 Max: 6 whips Islamic Offences State
  69. MALAYSIAN CONSTITUTION ISLAM AND ISLAMIC LAW 69 Syariah Courts’ jurisdiction Para 1 of the State List, 9th Schedule The Constitution gives Syariah Courts jurisdiction over Muslims only, and on permitted Islamic law matters. Muslims only 1 Islamic law and personal and family law of Muslims 2 Wakafs, Islamic charities, trusts and institutions 3 Zakat, Fitrah and Baitulmal; Mosques 4 Offences by Muslims against the percepts of Islam but not including matters in the Federal List (“Islamic offences”) 5 Syariah courts 6 Control of propagating other religions amongst Muslims 7 Determination of matters of Islamic law and doctrine and Malay custom Permitted syariah law only
  70. MALAYSIAN CONSTITUTION SPECIAL AND EMERGENCY POWERS 70 9 SPECIAL AND EMERGENCY POWERS KUASA KHAS DAN KUASA DARURAT THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  71. MALAYSIAN CONSTITUTION SPECIAL AND EMERGENCY POWERS 71 Laws against Subversion Article 149 The fundamental liberties below do not apply to laws passed under Article 149. These are security and public order laws to stop or prevent subversion, actions prejudicial to public order, such as the promotion of hostility between races, and certain other matters. 5 Liberty of Person 9 Banishment Freedom of Movement 10 Freedom of Speech 13 Rights to Property EXAMPLE Security Offences (Special Measures) Act 2012 (“SOSMA”) includes the power to arrest for up to 28 days, which is longer than the 24 hours permitted under Article 5 PGK operatives moving crosshairs during a close quarters combat drill. Wikimedia photo by Rizuan in Bukit Aman, KL.
  72. MALAYSIAN CONSTITUTION SPECIAL AND EMERGENCY POWERS 72 Emergencies Article 150 Proclamation of Emergency The King 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. Emergency Laws and Powers During an emergency: 1. The King 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 inconsistent with the Constitution.
  73. MALAYSIAN CONSTITUTION SPECIAL AND EMERGENCY POWERS 73 Past Emergencies Since Merdeka, four emergencies have been proclaimed and all have been revoked, either by the Courts or by Parliament. 1950 1960 1970 1980 1964 - Nationwide emergency due to the Indonesia-Malaysia confrontation 1966 - Sarawak only, due to the Stephen Kalong Ningkan political crisis 1969 - Nationwide emergency due to the May 13 riots 1977 - Kelantan only, due to a state political crisis Dewan Rakyat 24 Nov 2011 Dewan Negara 20 Dec 2011 PC Teh v PP The Privy Council held that the 1969 emergency declaration had by implication revoked the 1964 emergency.
  74. MALAYSIAN CONSTITUTION SPECIAL AND EMERGENCY POWERS 74 Preventive Detention Article 151 Grounds of Detention and 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 King.
  75. MALAYSIAN CONSTITUTION MALAYS AND ARTICLE 153 75 10 MALAYS AND ARTICLE 153 ORANG MELAYU DAN PERKARA 153 THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  76. MALAYSIAN CONSTITUTION MALAYS AND ARTICLE 153 76 Malay Article 160 Constitutionally, a “Malay” is a person who meets the following criteria: 1 2 3 4 Religion Language Custom Domicile/Birth is a Muslim habitually speaks Malay follows Malay customs on Merdeka Day was domiciled in Malaya or Singapore or before Merdeka Day was born in Malaya or Singapore or born of parents one of whom was born in Malaya or Singapore; or is an issue of such a person
  77. MALAYSIAN CONSTITUTION MALAYS AND ARTICLE 153 77 Article 153: Bumiputras Article 153 Malays and natives of Sabah and Sarawak (“bumiputras”) occupy a “special position.” The King must exercise his constitutional functions, and his executive functions under federal law, to: 1 Generally, safeguard the special position of bumiputras 2 Specifically, establish quotas for bumiputras in: Federal public service positions Federal scholarships etc. Federal trade or business licences Tertiary education enrollment Notes 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))
  78. MALAYSIAN CONSTITUTION MALAYS AND ARTICLE 153 78 Article 153: Other communities Article 153 Whilst safeguarding the special position of bumiputras, the King is also responsible for safeguarding the “legitimate interests” of other communities in accordance with Article 153, in these specific areas: 1 Parliament may not restrict any business or trade solely for bumiputras 2 Civil servants must be treated impartially regardless of race 3 Article 153 cannot deprive any person of any public office already held by such person 4 No person may be deprived of any federal scholarship etc. already enjoyed by such person 5 Laws reserving quotas in trade licences and permits may not deprive any person of any right, privilege, permit or licence already enjoyed or held by him or authorise a refusal to renew such person's license or permit Notes 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))
  79. MALAYSIAN CONSTITUTION ELECTIONS 79 11 ELECTIONS PILIHARAYA THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  80. MALAYSIAN CONSTITUTION ELECTIONS 80 How is the Election Commission appointed? Articles 113 and 114 All 7 members of the EC are appointed by the King on the advice of the Prime Minister, through this process: PRIME MINISTER KING 1 Selection 2 Advice 3 Consultation 4 Appointment A candidate is selected to be a member of the EC PM advises the King to appoint the candidate The King consults the Conference of Rulers The King appoints that candidate as an EC member Security of Tenure - To enhance the independence of the EC, its members: • cannot be removed except on exceptional grounds, such as infirmity of mind or bankruptcy • cannot be MPs, senators or State legislative assembly members • remuneration and other terms of appointment cannot be altered to their detriment.
  81. MALAYSIAN CONSTITUTION ELECTIONS 81 What does the Election Commission do? Articles 113 and 114 The duties of the EC are to: 1 Conduct Federal and State Elections 2 Maintain the Electoral Roll 3 Recommend alterations to Federal and State constituencies
  82. MALAYSIAN CONSTITUTION ELECTIONS 82 When does the EC have to review constituencies? Articles 113, 116, 117 and 13th Schedule, Para 2 The EC has the discretion to decide when to conduct reviews of constituencies. There must be at least 8 years between the end of one review and the start of the next but there is no maximum period between them. However, once started, a review must be done within 2 years. Review I (To take no more than 2 years) Review II (To take no more than 2 years) Period between reviews 8 or more years Article 113(2)(ii)
  83. MALAYSIAN CONSTITUTION ELECTIONS 83 How does the EC review constituencies? Articles 113, 116, 117 and 13th Schedule, Para 2 GUIDING PRINCIPLES AND CONSIDERATIONS FOR REVIEW 1 No crossing state boundaries 2 State constituencies not to cross federal constituencies 3 Availability of administrative facilities within each constituency for registration and voting 4 Number of voters in each state constituency should be approximately equal, with weightage for area in respect of rural constituencies 5 Inconvenience arising from the alteration and the maintenance of local ties
  84. MALAYSIAN CONSTITUTION ELECTIONS 84 How many federal constituencies are there? Article 46 Sarawak 31 Perak 24 N. Sembilan 8 K. Lumpur 11 Selangor 22 Penang 13 Johor 26 Perlis 3 Kedah 15 Labuan 1 Kelantan 14 Terengganu 8 Pahang 14 Sabah 25 Malacca 6 Putrajaya 1 TOTAL 222CONSTITUENCIES
  85. MALAYSIAN CONSTITUTION ELECTIONS 85 Who can be a voter? Article 119 You can be a voter if you 1 Are a citizen of Malaysia who is 21 years old or above on the date that you apply to be registered as a voter. 2 Are resident in a constituency (or if not you are considered an absent voter). “Absent voter” means any citizen who is registered as an absent voter for a constituency 3 Are registered in the electoral roll as an elector in the constituency in which you reside on the qualifying date.
  86. MALAYSIAN CONSTITUTION OTHER PROVISIONS 86 12 OTHER PROVISIONS PERKARA LAIN-LAIN THIS IS A FREE EDUCATIONAL GUIDE TO THE MALAYSIAN CONSTITUTION. IT IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
  87. MALAYSIAN CONSTITUTION OTHER PROVISIONS 87 National and other languages Article 152 Malay is the national language Other languages may be used No one is prohibited from using, teaching or learning, any other languages, other than for official purposes, which means any purpose of the Government, whether Federal or State, or of a public authority Governmental support The Federal or any State Government may preserve or sustain the use and study of the language of any other community MULTILINGUAL STREET SIGN CHINATOWN, KL
  88. MALAYSIAN CONSTITUTION OTHER PROVISIONS 88 Conference of Rulers Article 38 The Conference is a constitutional body comprising the Rulers and the Yang di-Pertua-Yang di-Pertua Negeri. Its functions include: 1 Electing and removing the King and his Deputy 2 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) Certain appointments such as members of the Public Service Commission and the Elections Commission 3 Deciding on the extension of any religious acts, observances or ceremonies to the whole country
  89. MALAYSIAN CONSTITUTION OTHER PROVISIONS 89 Consolidated Fund Article 97 All moneys received by the Federal Government must be paid into the Federal Consolidated Fund. All withdrawals must be in accordance with the Constitution. Federal Consolidated Fund DEBIT CREDIT Authorised payments e.g. • Annual budget • Pensions • National debt payments All revenues and moneys received by the Federation
  90. MALAYSIAN CONSTITUTION OTHER PROVISIONS 90 Attorney General Article 145 AG appointment and removal The Attorney General (AG) is appointed by the King on the advice of the Prime Minister, and may be removed in the same way. 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. ATTORNEY GENERAL’S CHAMBERS PUTRAJAYA
  91. MALAYSIAN CONSTITUTION OTHER PROVISIONS 91 Auditor General Articles 105-7 AG appointment and removal The Auditor General is appointed by the King, on the advice of the Prime Minister, after consulting the Conference of Rulers. The Auditor General cannot be removed except on the same grounds and in the like manner as a judge of the Federal Court. Duties The Auditor General audits and reports on the accounts of the Federation and the States. The reports of the Auditor General must be presented to the Dewan Rakyat. AUDITOR GENERAL FEDERAL REPORT 2013
  92. MALAYSIAN CONSTITUTION OTHER PROVISIONS 92 National Land Council Article 91 Members Its members are a Minister, one representative from each State, and up to 10 representatives appointed by the Federal Government. Duties The NLC has the duty to formulate a national policy for the promotion and control of land utilisation for mining, agriculture, forestry or any other purpose, in consultation with Federal Government, the State governments and the National Finance Council. The Federal and State Governments must follow the national policy, but the Sabah and Sarawak are not required to do so unless both Parliament and the Yang di Pertua Negeri of the relevant State agree.
  93. MALAYSIAN CONSTITUTION OTHER PROVISIONS 93 National Council for Local Government Article 95A Members Its members are a Minister, one representative from each State, and up to 10 representatives appointed by the Federal Government. Duties The NCLG has the duty to formulate a national policy for the promotion, development and control of local governments in the Federation, in consultation with Federal and State governments. 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.
  94. MALAYSIAN CONSTITUTION OTHER PROVISIONS 94 How is the Constitution amended? Articles159-161E The Constitution may be amended by Federal law passed in accordance with these additional requirements: 1 Dewan Rakyat 2 Dewan Negara 3 Consent (if applicable) Yes ≥ 2/3* Conference of Rulers For amendments pertaining to: • 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 For amendments pertaining to: • The High Court of Sabah and Sarawak • Matters within the State legislative powers • Special treatment of natives of the State • Others (see Article 161E for the full list) Yes ≥ 2/3* * 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 vote in favour and for the Dewan Negara, 47 out of 70 must vote in favour.
  95. MALAYSIAN CONSTITUTION OTHER PROVISIONS 95 Constitution amendments There have been approximately 675* individual amendments to the Constitution. 41% of the amendments can be attributed to: 1 Territorial changes: the creation of Malaysia, the departure of Singapore and the creation of three Federal Territories 2 Creation of the Federal Court: restoration of a two tier appellate court system 3 Modernising of terminology: such as replacing Borneo States with Sabah and Sarawak and Muslim religion with Islam 118 42 30 40 48 397 Formation of Malaysia Singapore Independence Creation of Federal Territories Creation of Two Tier Appeal Courts Modernising Terms eg "Muslim law" to "Islam" Other Amendments * Based on the annotations to the 2006 Reprint of the Federal Constitution Methodology: Each amended Article pursuant to an amending legislation count as one individual amendment. See pages 209 – 229 of the Reprint BREAKDOWN OF CONSTITUTIONAL AMENDMENTS *
  96. MALAYSIAN CONSTITUTION 96 About This presentation is a free educational guide to understanding the Federal Constitution of Malaysia, first published in Jan 2010. This is the 2015 edition. If you have any feedback, suggestions or requests, please email malaysianconstitution@outlook.com Many thanks for using this presentation and for your support over the years! For other Malaysian constitutional resources, such as the full text of the constitution and the Reid Commission report, please go to: http://www.slideshare.net/mbl2020
  97. MALAYSIAN CONSTITUTION 97 Disclaimer 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. Please seek your own legal advice for any constitutional law matter.
  98. MALAYSIAN CONSTITUTION 98 Further reading Constitutional Landmarks in Malaysia Editors Harding and Lee Bahasa Malaysia text of the Constitution English text of the Constitution Document of Destiny – The Constitution of the Federation of Malaysia by Shad Saleem Faruqi The Constitution of Malaysia A Contextual Analysis by Andrew Harding www.perlembagaanku.com A campaign to educate the Malaysian public and create greater awareness about the Federal Constitution

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