The document discusses key aspects of the Malaysian constitution, including its establishment of a federal system with both federal and state governments, a constitutional monarchy, and a parliamentary democratic system. It notes that the constitution designates Islam as the official religion while protecting freedom of religion for other faiths. The summary also outlines some of the special rights and privileges afforded to Malays and indigenous groups under the constitution.

1. MPU3173 PENGAJIAN MALAYSIA 3
CHAPTER 2:
THE MALAYSIAN CONSTITUTION
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PUTRAJAYA

3. MALAYSIAN FEDERAL CONSTITUTION
1. Highest order of the constitution
2. Significant matters attributing/ attaching to the constitution is that it
signifies/ indicates Malaysia as a Federated (combined) country, with a
constitutional ruler/king, practices a parliamentary democratic system and
accepts Islam as the official religion, while other religions are allowed to be
practiced.
3. Such attributes have well demonstrated Malaysia as a country which
practices tolerance and cares for the needs of every ethnic group and race
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4. 4. Meanwhile, the constitution also serve the practices of laws in this country, at
the same time assuring the freedom of the practice of laws in this country
5. There is also an allocation in the constitution on power segregation in the
government’s administration
6. This also symbolize the tolerance of the ruling party and assures that the
practice of democracy prevails/ succeeds
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5. THE AIMS OF THE CONSTITUTION
1. Generating a form of fair government
2. To prevent power abuse by the rulers
3. Controlling the movement of the government as well as the people
4. An instrument for resolving problems
5. Securing the sustenance of the country
6. Ensuring Peace and stability of the country
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THE RULING
SYSTEM OF
MALAYSIA
2. Constitutional
King
1. Federalism
3. Parliamentary
Democracy

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Yang DiPertuan Agong
Sultan Abdullah Ri’ayatuddin Mustaffa Billah Shah

8. FEDERALISM
1.Federalism is a form of ruling whereby there is a centralized government
which represents other regions or territories
2. A Federal Country implies a country which contains a Federal government or
centre, as well as a few state governments.
3. Among the countries which practice this are America, India, Nigeria and
Australia
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9. 4. Important criteria for a Federal Country are:
 There is a written constitution applicable by all, one that every Federal
Country must have. As we see the existence of power-sharing between the
Federal and the state, therefore a written agreement in the form of the
constitution must be made available
 There is a power division between the state government and the Federal.
In the Federal government, the administrative power must be divided
between the centralized government and the state government. In this
matter, the constitution plays a big part in allocation power to both the
Federal government and that of the state
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10. The people in that particular country are confined to two types of government,
the state government and the Federal government. Every citizen of a Federal
country must obey the laws of the state government where he or she resides, not
to mention obeying to the allocations set by the Federal government
The separation of the government in a Federal government, where there must be
power differentiation between the executive, legislative and judiciary bodies
There must be a stringent/strict constitution that is unaffected by any authority
which can leave an impact on the ruling system of the country
Free judiciary body. In a country that observes division of power between the
people and rulers, between the ruling and the opposition parties, the situation
will inevitably lead to some conflicts. So, there should be a judiciary that does
not take sides in order to maintain the concept of the separation of powers
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The roles of the
Federal
Administration
1. As a platform
of unity and
political
integration
2. Federalism
can protect
racial needs
3. Federalism may be
able to prevent unfair
administration
4. Federalism is able to
generate understanding
and efficacy of the
administration system
5. It trains the local
government to conduct
its own administration

12. THE CONSTITUTIONAL KING:
THE POWER OF THE YANG DI-PERTUAN
AGONG (YDPA)
1. The Constitutional King is interpreted as the ruling of a king
who does not have any absolute power, but can only act based on
the clauses set in the Federal Constitution
2. As the Head of State, YDPA holds the highest authority in the
country’s administration, including the legislation,
administration, judiciary, military and as such following Article
39 of the Constitution
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duties elaboration
1. Supreme Commander of
Armed Forces
As allocated in Article 41 of the Constitution
2. Power of Forgiveness of the
YDPA
The YDPA has the authority to grant forgiveness and deferring
sentences for crimes tried by court-martial and also for all
offences committed in the KL and Labuan Federal territories.
This matter is under provision in Article 42 of the Constitution
3. The Privileges of the Malays
and the bumiputras of Sabah
and Sarawak
The YDPA has the obligation to preserve the privileges of the
Malays and bumiputras. This is explained in Clause 153(1) of
the Constitution
4. Source of Honour and Glory The YDPA grants awards and honour to both citizens and non-
citizens, as well as confers/talks honorary titles to foreign
leaders in the ceremony of conferment in conjunction with His
Majesty’s birthday
5. Diplomatic Functions The YDPA appoints Malaysian diplomats abroad and receives
visits from foreign diplomats assigned in Malaysia, before the
diplomats start carrying out their duties

14. THE PARLIAMENTARY DEMOCRACY
1. Before obtaining independence, Malaya was ruled separately by the British, in the
form of The Federated Malay States (FMS), the Unfederated Malay States
(UFMS), and the Straits Settlements
2. These three forms of ruling were led by the British High Commissioner. Then, an
urge/need occurred among the locals for the British to provide opportunities for
them to participate in the Federal Legislative Council (MPP). That is when the
Member system was introduced and followed by the introduction of Penang
Township Election in 1951 and Kuala Lumpur in 1952
3. At that time, the winning party will place a representative to join the Federal
Legislative Council which resembled the Cabinet. This signifies the beginning of
the Westernized ruling system in the administration of Malaya, until independence
in 1957
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Features of
Democracy in
Malaysia
Dewan Rakyat
Dewan Negara
The Political
Party The Election

16. THE SPECIAL PROVISION OF
THE CONSTITUTION
The Malay language
The positioning of the Malay language is dictated in Article 152 of the
constitution, which provides that the Malay language must be used for official
purposes (including those of the public authority)
The privileges of the Malay kings
All the Malay kings automatically become members of the Conference of
Rulers
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17. Islam as the Federal Religion and the status of other religions
Article 3 (1) of the constitution has allocated that Islam is the religion for the
federal, but the constitution also allows the freedom to all individuals to practice their
own religion peacefully and harmoniously in any parts of the federal
Citizenship (Part 3, Article 14-22) :-
Citizenship by Means of the Law
Through registration
Citizen by way of access of naturalization
Citizenship through regional affiliation
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18. The special rights of the Malays, Bumiputras, and the Rights of other
races:-
The bumiputras in Sabah and Sarawak are grouped together with other
recipients of specialties like those acquired by the Malays. However rights of
the other races have not been abandoned
Among the things included; Public services, economy and education
Basic rights
For example, Article 1 Freedom of religion, Article 8 Equality to the law,
Article 9 The freedom to speak, gather and set up association
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19. SOCIAL CONTRACT IN MALAYSIA’S
CONSTITUTION
1. The Malay language as the main language of Malaysia
1. Special Rights of the Malay kings
2. Islam as the Federal religion
3. Special Rights for Malays and Bumiputera
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20. SUMMARY
In the Malaysian context, basically the concept of the power segregation is not
practiced thoroughly. This is due to the fact the branches- the legislative, executive and
judiciary are interconnected with one another. For example, in legislative matters a large part
of the laws that exist today are those that have been enacted by the rulers such as
Yang Dipertuan Agong and the ministers. Howevers in the context of power segregation the
power of the rulers is limited. Their powers are restricted to administrative duties and they
cannot interfere in judiciary and legislation affairs. Under special circumstances a ruler has
the power to detain or arrest someone on the basis of maintaining security and well-being of
the country. Apart from that a member of the Parliament who functions as a law maker is also
appointed to lead certain ministries to execute reigning power.
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21. REFERENCES
All lecturer notes are taken from;
•Andaya, B.W. and Andaya, L.Y. (1981), A History of Malaysia,
Hong Kong: Macmilla Asian Histories series.
•Chai Hon Chan. (1967). The development of British Malaya
1896-1909, Kuala Lumpur: Oxford University Press.
•Mardiana Nordin dan Hasnah Husin. (2014). Malaysian
Studies. Shah Alam: Oxford Fajar.
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