The document discusses the Federal Constitution of Malaysia. It provides background information on the constitution's history and development. Some key points: - The Federal Constitution is the supreme law of Malaysia and establishes the country as a constitutional monarchy. - It outlines the structure of government and separation of powers between federal and state authorities. - The constitution allocates legislative powers between the federal and state parliaments according to three lists - federal, state, and concurrent. - It guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.

1. THE FEDERAL
CONSTITUTION
Group members:
NADIRAH BINTI BAZER 1616738
NURUL ASYIQIN BINTI SHAROM 1616584
NURUL HUDA BINTI HASAN 1616756
Lecturer: DR. WAN ZULHAFIZ WAN ZAHARI
Written Law: The Constitution

2. Supreme law of Malaysia, with the 1957 constitution
of Malaya acting as the basis of these very important
document.
Federal
Constitution
Federal Constitution
A type of government characterized by both a central
government and states or regional government that
are partially self-governing; a union of state
A set of fundamental principles or established
precedents according to which a state or other
organization is governed
TERMS of FEDERAL CONSTITUTION

3. • A constittution consists of basic principle that determine
how a country is established and governed as enshrined
by laws, customs or rules generally accepted.
• The mentioned constitution is related to how public
decisions are made and how power is distributed among
government agencies, either at the central government or
local government.
• The constitution also sets limits of the government`s
authority and ways of choosing and electing a government
Constitution
CONSTITUTION

4. Johor was the first to have their own constitution,
granted by Sultan Abu Bakar in 1895
Terengganu granted their constitution by
Sultan Zainal Abidin III in 1911
The rest of the state was granted their own
by 1948 through Federation of Malaya
Agreement (FMA)
Penang and Melaka received theirs in 1957
under FMA
Sabah and Sarawak were each given a new
constitution under the Malaysia Agreement
1963
MALAYSIAN CONSTITUTION

5. •Fourteen (14) constitutions in Malaysia - (13 constitutions of
the states and 1 Federal Constitution)
•Each State Constitution is required under Article 71(4) of
the Federal Constitution to contain ‘Essential Provisions’ set
out in the Eight Schedule to ensure harmonious integration
with the Federal Constitution
•Parliament legislation may also assist in ensuring the
uniformity in the State Constitution and relation with in the
Federal Constitution
MALAYSIAN CONSTITUTION

6. • The Federal Constitution embodies the constitution of most of
the Commonwealth nation
• Generally, based on the written Indian Constitution, except that
it is not produced through a constitutional assembly
• Malaysian constitution were pre-developed by a commission of
foreign experts in constitutional law
• Embodies the British and Indian constitutional concept, and
traditional Malay elements producing somewhat original and
uniquely Malaysian
Historical Background
HISTORICAL BACKgROUND OF FEDERAL CONSTITUTION

7. •The establishment of a strong central government
•Safeguard of the position and prestige of the
Malay Rulers
•Constitutional Head of the State to be chosen
among the Malay Rulers
•Common nationality for the whole federation
•Safeguard of the special position of the Malays
and the legitimate interest of the communities
Content of Reid Commission Report
Content of reid commission report

8. • Idea born in 1961 was aiming towards a political and economic
association between the Federation of Malaya, Singapore, North
Borneo, Sarawak and Brunei
• Singapore agreed in 1961
• Cobbold Commission dispatched to Borneo to gather agreement on
the idea
• Rejected by Brunei in 1962
• 9 July 1963 – agreement signed by the 4 nation in London called
the Malaysia Agreement initiating the Malaysia Act 1963, to take
immediate effect
• Declaration of Federation of Malaysia was deferred from 31 August
to 16 September 1963
• Separation of Singapore in 7 August 1965, again forced subsequent
amendment to the Federal Constitution, only in 1966 (No. 59 of
1966)
Historical Background
HISTORICAL BACKgROUND OF FEDERAL CONSTITUTION

9. • The Federal Constitution is the supreme law of the
federation. It is the fundamental law of the land, a kind of
'higher law' which is used a yardstick with which to
measure the validity of all other laws. Any law inconsistent
with the Federal Constitution may be challenged in court.
• Malaysia is a constitutional monarchy
MEANING OF FEDERAL CONSTITUTION
Meaning of Federal Constitution

10. FEDERAL CONSTITUTION
Federal Supremecy
Constitutional supremacy is a doctrine where by the constitutions is
supreme and the government rule in accordance with the constitution
and at the same time the power of government is limited by the
constitution in order to escape a type of tyrant government and the
rule of law is prevailing.
When a legislative or executive act violates the constitution, the court
may declare it ultra vires and void. In short, all institutions created by
the Federal Constitution and deriving their powers from it are subject
to its provision. However, any amendments of the Constitution must
be read with Article 159, which allows Parliament to amend them, but
must still accord with the Federal Constitution; with matters allowed
only in Article 159 (4), and procedures as per Article 159 (3).

11. Federal constitution supremacy is set out in Articles 4(1) and
162(6) of the Malaysia Act 1963. Articles 4(1) states:
This constitutions is the supreme law of the Federation and any
law passes after Medeka Day which is inconsistent with this
Constitution shall, to the extent of the inconsistency, be void.
Tun Suffian LP in Ah Thian V Govt. of Malaysia [1976] 2 MLJ
112,113;
The doctrine of supremacy of Parliament does not apply in
Malaysia. Here we have a written constitution. The power of
Parliament and of State Legislatures in Malaysia is limited by
the Constitution, and they cannot make any law they please.

12. • Thus, all legislative mechanism, i.e. Executive Authority
(Parliament), Judiciary Authority, or State Legislature are subject to
the Federal Constitution
• The courts are granted the rights to review legislative and executive
acts. Hence when a legislative or executive act violates the
constitution, the court may declare it ultra vires and void.
• However, any amendments of the Constitution must be read with
Article 159, which allows Parliament to amend them, but must still
accord with the Federal Constitution; with matters allowed only in
Article 159 (4), and procedures as per Article 159 (3)

14. Legislation may be invalidated on the following
Grounds:
1. It relates to a matter concerning which the
relevant legislature has no power to make law;
2. It has not been enacted in accordance with the
procedure prescribed in the constitution; or
3. It is inconsistent with any provision of the
constitution
4. In the case of state law, it is inconsistent with
federal law
Grounds 2,3 and 4 can be declared by any superior court.
Ground 1 can exclusively be declared in Federal Court only

15. • Came in force in 1957
• Amended 42 times since independence as of 2005.
• 14 Parts, 183 Articles, 13 Schedules and over 600,000 words
• Contains matters such as fundamental liberties, rights of the citizen, federal and
state relationship, court system, parliament, election etc.
• The Constitution establishes the Federation as a constitutional monarchy having
the Yang di Pertuan Agong as the Head of the State, whose roles are largely
ceremonial
• It provides for the establishment and the organisation of three main branches of
the government:
• the bicameral Legislative Branch called the Parliament, which consists of the
House of Representatives (in Malay, Dewan Rakyat) and the Senate (Dewan
Negara);
• the Executive Branch led by the Prime Minister and his Cabinet Ministers;
• and the Judicial Branch headed by the Federal Court.
Content
Content of federal constitution

16. Part I
The States, Religion and
Law of the Federation
• Definition, territories,
religion of the
Federation,
Constitution as
Supreme law
Part II
Fundamental Liberties
• Rights and liberty of a
person, protection and
equality
• Freedom of speech,
assembly, association,
religion, to education
and to property
Part III
Citizenship
• Citizenship matters
after Merdeka and
people of Sabah and
Sarawak
Part IV
The Federation
• Structure of the
Federation and
Administrative matters
• Conference of Rulers,
Parliament, Ministry,
Departments
Part V
The States
• States’ Authority,
Assembly and
relationship
Part VI
Relations Between the
Federation and the
States
• Extend of law Authority
• Land, executive
powers, financial
burden and
development
• Local government

17. Part VII
Financial Provisions
• Taxation, funds,
expenditure, audit,
grants, borrowing
Part VIII
Elections
• Election matters
for Federal and
State
• Election
Commission
Part IX
The Judiciary
• Constitutions of
the Courts and
their Jurisdictions
• Judges, Chief
Justice etc.
Part X
Public Service
• Public Service
matters
• Attorney General.
Commissions,
Police Force etc.
Part XI
Special Powers Against Subversion,
Organised Violence, and Acts and
Crimes Prejudicial to the Public and
Emergency Powers
• Subversion, action prejudicial to
public order etc.
• Proclamation of emergency and
restriction on preventive detention
Part XII
General and Miscellaneous
• National Language, natives, federal
capital, interstate relationship and
interpretation
• Amendment of constitution

18. Part XIIA
Additional Protections for
States of Sabah and
Sarawak
• Sabah and Sarawak
special matters and
others
Part XIII
Temporary and Transitional
Provisions
• Existing usage of laws
Part XIV
Saving for Rulers'
Sovereignty, etc.
• Saving for Ruler’s
sovereignty
Part XV
Proceedings Against the Yang
di-Pertuan Agong and the
Rulers
• Special Court

19. Seventh Schedule – Election and Retirement of Senators
Eighth Schedule – Provisions to be inserted in State
Constitutions
Ninth Schedule – Legislative Lists
Tenth Schedule – Grants and Sources of Revenue assigned to
States
Eleventh Schedule – Provisions of the Interpretation and
General Clauses Ordinance, 1948 (Malayan Union Ordinance
No. 7 of 1948), applied for interpretation of the Constitution
Twelfth Schedule – (Repealed)
Thirteenth Schedule – Provisions relating to delimitation of
Constituencies
First Schedule – Oath of Applicants for Registration
or Naturalisation
Second Schedule – Citizenship by operation of law
of persons born before, on and after Malaysia Day
and supplementary provisions on citizenship
Third Schedule – Election and removal of the Yang
di-Pertuan Agong and his deputy
Fourth Schedule – Oaths of Office of the Yang di-
Pertuan Agong and his deputy
Fifth Schedule – The Conference of Rulers
Sixth Schedule – Forms of Oaths and Affirmations
Schedule
schedule OF FEDERAL CONSTITUTION

20. In Articles 74(1), the Parliament may make laws in any matters under Federal
List and Concurrent List in the Ninth schedule with regard to the legislation
power of the federation and the States.
Article 74(2) provides that the legislature of a state may make laws with
respect to any of the matters enumerated in the State List or the Concurrent
List in the Ninth Schedule.
Subject matters which can be considered as essential and vital has been
stated in Federal List such as include external affairs, defense, internal
security, civil and criminal law and procedure and the administration of justice,
citizenship, finance, trade commerce and industry, shipping, communication
and transport, education, medicine and health, labor and social security. The
federation has power and control over it.
Federalism
FEDERALISM

21. For State List, matters include Islamic law and personal and family
law of persons professing the religion of Islam; Malay custom; the
constitutions, organization and procedure of Syariah courts; land
including land tenure, agriculture and forests; local government;
libraries, museums, ancient and historical monuments and records
and archeological sites and remains.
For Concurrent List, matters such as social welfare, scholarships,
protection of wild animals and birds, town and country planning,
public health, drainage and irrigation, culture and sports and
housing.