This document provides an overview of key concepts in the Malaysian constitution including federalism, fundamental rights and freedoms, discrimination protection, and social contracts. It discusses how federalism involves shared sovereignty between the federal and state governments. It outlines several fundamental rights guaranteed by the constitution such as life, liberty, freedom of speech and assembly. The document also explains how the constitution provides discrimination protection for certain groups and describes social contracts as compromises made between ethnic groups regarding their mutual rights and privileges.

1. CHAPTER 4
THE FUNDAMENTALS OF THE
CONSTITUTION
CONSTITUTIONAND COMMUNITY(MPU 2332)
 Lecture by : Miss Shabrina

2. SUB TOPIC
Federalism
Right of Freedom
Discrimination Protection
Social Contracts

3. FEDERALISM
• A SYSTEM OF GOVERNMENT IN WHICH SOVEREIGNTY IS SHARED
BETWEEN THE FEDERAL AUTHORITY AND STATE GOVERNMENTS.
• FEDERAL LEVEL
• HEAD OF SATE: YDPA
• HEAD OF GOVERNMENTS: PM
• STATE LEVEL
• HEAD OF STATE: MALAY RULER OF THE VARIOUS STATES
• HEAD OF GOVERNMENT: MENTERI BESAR @ CHIEF MINISTER

4. • FEDERAL LIST ENCOMPASSES ARTICLES ON FOREIGN AFFAIRS,
DEFENCE, INTERNAL SECURITY, CRIMINAL AND CIVIL LAWS,
CITIZENSHIP AND MORE.
• STATE LIST ENCOMPASSES MATTERS HANDED TO THE STATES SUCH
AS SYARIAH LAWS, ISLAMIC LAWS, STATE HOLIDAYS, STATE
GOVERNMENT MACHINERY AND OTHERS.

5. 1. THE FEDERAL CONSTITUTION
 It is the supremelaw of the land: Articles 4 (1)
of Federal Constitution
 FC lays down the powers of Federal and State
Governments in light of Article 74 & Ninth
Schedule
 It provides the basic or fundamental rights of
an individual. These rights can only be
changed by 2/3 majority.
 FC is regarded as the most important source of
the written law. It applies to all states in the
federation.

6. 1. THE FEDERAL CONSTITUTION
 Any generallaw that is inconsistent withthe
Constitution is, to the extent of the
inconsistency, void.
Articles 4 (1) & 162 (6)
 Constitutional supremacy is maintained by giving
to the superior courts the power & duty to
invalidate any legislative or executive act that
violates any of the 183 Articles & 13 Schedules
of the Constitution.

7. 2. THE STATES CONSTITUTIONS
 Each states in Malaysia hasits own
individual constitutionwhich provide
for a single chamber
Legislative Assembly in eachstate.
 This constitution regulates the government of
that particular states. e.g. Selangor
Constitution.
 Article 71 (4) of FC provides that it is mandatory
for each state constitution to contain provisions
in Part I of the 8thSchedule – regarding Rulers to
act on advice, for the existence of an Executive
Council (including Menteri Besar), a single
chamber & an elected state legislature.

8. RIGHT OF FREEDOM
• FUNDAMENTAL LIBERTIES ARE RIGHTS AND FREEDOMS THAT WE
HAVE AS HUMAN BEINGS.
• SOME FUNDAMENTAL LIBERTIES ARE SET OUT IN THE
CONSTITUTION.
• THEY ARE SAID TO BE ‘GUARANTEED’ AND CANNOT BE TAKEN
AWAY FROM US UNLESS THE CONSTITUTION ITSELF ALLOWS IT.

9. Article 5 –
Right to life and
personal liberty
Article 6 –
No slavery or forced
labour
Article 7 –
Protection against
retrospective criminal
laws and repeated trials
Article 8 –
Equality
Article 9 – Freedom of
movement
Article 10 – Freedom of
speech, assembly and
association

10. 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)

11. 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)

12. Article 7(1)
(a)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)

13. Article 7(2)
(b)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)

14. 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)

15. 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)

16. FUNDAMENTAL LIBERTIES
Article 10(1)(a), (2)(a) and (4)
(a)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)

17. Article 10(1)(b) and (2)(b)
(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)

18. Article 10(1)(c) and (2)(c)
(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)

19. ACTIVITIES
•PROCEED ANY OTHER THREE (3) ARTICLES
UNDER RIGHTS OF FREEDOM?

20. DISCRIMINATION PROTECTION
• NO FORM OF DISCRIMINATION IS ALLOWED BY RELIGION, RACE AND OTHERS
UNLESS PERMITTED BY THE CONSTITUTION.
• THROUGH THIS PROTECTION OF DISCRIMINATION, THE LAW PROVIDES A SPECIAL
PROTECTION AND PRIVILEGE TO THE PEOPLE OR ETHNIC GROUPS IN A COUNTRY
AND AT THE SAME TIME DOES NOT DENY OPPORTUNITIES FOR OTHER GROUPS OR
ETHNIC GROUPS.
• ETHNICITIES LEFT BEHIND IN THE CURRENT STATE OF DEVELOPMENT CAN BE
HELPED AND IMPROVED THEIR STANDARD OF LIVING IN ORDER TO COMPETE WITH
OTHER MORE PRECARIOUS ETHNIC GROUPS.
• THE PROTECTION DISCRIMINATION WAS MADE WITH THE AIM OF:
• TO RECTIFY THE POLITICAL IMBALANCE IN A COUNTRY WHOSE RULERS ARE NEW AND
INDEPENDENT.
• PROTECTION DISCRIMINATION IS GIVEN TO MINORITIES SO THAT THEIR INTERESTS CAN
BE PROTECTED FROM BEING OVERWHELMED BY THE MAJORITY.

21. SOCIAL CONTRACTS
• IT REFERS TO THE PAINSTAKING COMPROMISES BETWEEN THE ETHNIC MALAY,
CHINESE AND INDIAN INCLUDING BUMIPUTRA SABAH & SARAWAK ON THEIR
MUTUAL RIGHTS AND PRIVILEGES.
• OBJECTIVES OF SOCIAL CONTRACT:
• TO FULFIL THE NEEDS OF CITIZENS (MAJORITY/ MINORITY)
• TO MAINTAIN THE UNITY OF CITIZENS
• TO ENSURE THE SOVEREIGNTY OF STATE
• WITHOUT THE SOCIAL CONTRACT, THERE WILL BE CHAOS AND NO ONE WILL
BE ABLE TO LIVE IN PEACE

22. Islam being the official
religion of the federation
but other religions could
be practised in peace in
any part of the federation
Malay being the country's
national and official
language
The position of YDPA & the
Malay Rulers
the Malays special rights
and privileges

23. 23
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