The first jurist of the discussion is Savigny. As of 2010, Malaysians make up 0.4% of the world's total population, having relied upon immigration for population growth and social development.Approximately 30% of current Malaysians are first- or second-generation immigrants, and 20 percent of Malaysian residents in the 2000s were not born in Malaysian … You can change your ad preferences anytime. Religious freedom in Malaysia The provision for religious freedom in the Malaysian Constitution stipulates for three aspects of religious freedom. The Malaysian Constitution also defines how a government actually operates and how its power and authority are limited. It contains 181 Articles (1) The Federation shall be known, in Malay and in English, by the name Malaysia. America was originally a federation of 13 States but due to admission of new states, it is now a federation of 50 States. Constitutional law - Constitutional law - Characteristics of constitutions: It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. The Reid Commission was formed because of the urge of the then Malaya to claim independence and was … & State Governments The supreme law is the Constitution of Malaysia and it requires a two-thirds majority to be changed (Ridzuan, 2013). The Malayan Union first drafted the constitution in 1946 but it was opposed by the indigenous Malay community so it was cancelled. Malaysian Constitution, as other constitution or legal documents, not only will but it is a social contract and a peace treaty. CONSTITUTION? MALAYSIAN STUDIES - States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. Constitution as Supreme Law Article 4. Among all this articles, there are some of them that stand out due to their peculiarity and uniqueness, only found in this exemplary constitution. The guideline for Constitution is mainly on the basis for making laws, to rule the government in the country for fairly and efficiently. Explain the internal factors for the fall of the Malacca Empire The current Malaysian Constitution was drafted instead on the basis of a report from the Reid Commission before the independence of the nation. The American constitution is federal in character. ! Approximately 61 percent of the population adheres to Islam. This article can be considered very special as it recognizes the equality of all the minority nationalities of the huge country, which are distributed all over the Chinese territory, as well as their autonomy and protection. the SUPREME LAW of the nation that Jabatan Perakaunan & Kewangan 4. If you continue browsing the site, you agree to the use of cookies on this website. (1) The national language shall be the Malay language and shall be in such script as Parliament may by law provide: 1. The basis of The Federal Constitution of They will make you ♥ Physics. (1) this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent. Most of them are related to the culture, traditions and system of China, what allow us to have knowledge of this incredible civilization with such a long history. MALAYSIAN STUDIES 1. Savigny's great works are the Recht des Besitzes and the Beruf unserer Zeit für Gesetzgebung. Provided that— 1.1.1. a. The Constitution – as the government run according to the provisions and principles of the constitution, the powers and actions of government are limited. The supremacy of the constitution is derived from the third principle of Rukun Negara. Malaysian Constitution - An Introduction to the Malaysian Constitution. The Constitutional development has been influenced inter alia, by pre-colonial indigenous traditions of sovereignty, colonial conceptions of executive authority, indirect rule, federalism and social concerns during the immediate pre-independence and post-independence period. ...THE FEDERAL CONSTITUTION & The right to profess a religion Article 3 (1) and Article 11 (1). The Malaysian Constitution covers all the legislative, executive and judiciary aspects and has special provision to apply in a country with a diversity of races and religions. Parliamentary Democracy and a In order to deal with this document we have to understand its special features that correspond with the necessity of the construction of a modern socialist China. '1 As pointed out in the Preface of this book, Professor Sheridan had earlier pioneered this task in the 'Federation of Malaya Constitution,' 2 and the present book under review is intended to be the second edition of this earlier book. Religion of the Federation 4. Fakulti Ekonomi & Pengurusan, UPM b. Main Features. Constitution - Shall be known, in Malay and in English, by the name Malaysia. (6 marks) The Malaysian Constitution. Islam is one of the most important factors distinguishing a Malay from a non-Malay, and, by law, all Malays are Muslim. According to history, Malacca was founded by Parameswara in 1403 A.D. Prepared By: shall not be passed without the consent of that State. All nationalities in the People's Republic of China are equal. See our Privacy Policy and User Agreement for details. See our User Agreement and Privacy Policy. The Constitution is the supreme law of Malaysia Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. But at the same time, the constitution ensure the individual rights and liberties of … Before the discussion proceeds in looking into provision that reflects the views of Maine and Savigny, it is better for us to understand first, what are the views suggested, or rather arguments put forward by these two jurists. Commission. Now customize the name of a clipboard to store your clips. Constitutional Monarchy Articles 32, 39 and 40. 152. The Constitution, in its current form (1 November 2010), consists of 15 Parts containing 230 articles and 13 schedules (including 57 amendments). (2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. ESSAY QUESTION Aishah Bidin, (1993) The historical and traditional features of the Malaysian constitution. (6 marks) The constitution thus creates a weak C… The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial. The Constitutional development has been influenced inter alia, by pre-colonial indigenous traditions of sovereignty, colonial conceptions of executive authority, indirect rule, federalism and social concerns during the immediate pre-independence and post-independence period. WHAT IS THE FEDERAL - The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. The • • • • • • • BASIC FEATURES of the Constitution of Malaysia are as follows: Written constitution Supreme constitution A federal system Fundamental rights Emergency powers Constitutional monarchy Conference of Rulers Similar Councils were constituted in the other Malay states as and when they came under British protection. constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended (8 marks) Hugh Low, the second British Resident, convinced the Sultan to set up advisory Council of State, the forerunner of the state legislative assembly. ...The Contribution of Maine and Savigny in the Malaysian Constitution Which is following the definition of the Constitution of Malaysia ? It began with the first meeting of the Council of State in Perak, where the British first started to assert their influence in the Malay states. 3. In order to achieve the objective of democratic and equal rights, Reid Commission formulate the Constitution by giving significance to four vital features in the constitution which are federalism, separation of powers, entrenched human rights and constitutional amendment process. Malaysian constitutional development has been influenced inter alia, by several factors which are pre-colonial indigenous traditions of sovereignty; colonial conceptions of executive authority; indirect rule; federalism; and political and social concerns during the immediate pre- and post-independence period. a. Admission of new territories into the Federation 3. They are the rights to profess, to practice and to propagate religion. IV is something to give opportunity to more people in governing the country. a. ISSN 2180-0251 This book is divided into seventeen chapters, each dealing with the different The views of Maine and Savigny had indeed contributed to some provisions in the Federal Constitution of Malaysia. The position of Islam • Art 3 (1) of the Federal Constitution clearly stipulates that “Islam is the religion of the Federation” but other religions may be practiced in peace and harmony in any part of the Federation. Constitution of Malaysia PART I - THE STATES, RELIGION AND LAW OF THE FEDERATION Article number: 1 1.! ( 4 marks) The Distinctive Features of Malaysian Constitution i. pp. NHashim....UPM...12.7.2006 ...The foundation of the Constitution of Malaysia was laid on 10 September 1877. THE HISTORICAL BACKGROUND 1) The Malaysia constitution is a measureable collective and guidelines to regulating the administration of a country. (2 marks) The State Agreement was of great significance to Malaysia's constitutional development. b. NHashim....UPM...12.7.2006 We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. By virtue of this agreement, the Malay Rulers with the advice and concurrence of the traditional chiefs and elders of the states promulgated their respective State Constitutions except for Johor and Terengganu where Constitutions had already been in place since 1895 and 1911 respectively. The current Malaysian Constitution was drafted instead on the basis of a report from the Reid Commission before the independence of the nation. In 1814, the wave of German nationalism inspired by the war of liberation against Napoleon led the Heidelberg law professor Thibaut to demand a unified civil code for all the German states. up by the British Government called the Reid The constitution of The People's Republic of China which, as said before, contains 138 articles distributed in four chapters, is a written document that despite the fact that is not one of the longest constitutions, it stipulates the basic principles of the Chinese country’s political and social systems, and it occupy a position of supreme legal and respected authority. 2. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. Just like any other constitution, the Malaysian Constitution cannot be accurately described or understood without making reference to its history. that followed, Malacca grew into a great Empire in the Malay Archipelago. The Executive administers the laws. The second law is sharia law that focus on Muslims in Malaysia. a. The four features of a constitutional government are: (i) 1. It was drafted by a Working Committee set III is lesson to burden of each brunch of the government. 1. THE LEGAL FRAMEWORK the Constitution of Malaysia. (5 marks) Four special features are to adapt to conditions of physical structure and population composition resulting from historical development are the royal system that existed since many centuries,the position of the states that normally have their own autonomy and strength and the formation of a plural society that started with the bringing in of the Indians and Chinese by the British.This special features also include the entry of Singapore,Sabah and Sarawak which diversifies further the composition of the local population and interests. 2 Malaysia is a constitutional monarchy. 4. 3 Starting with the first chapter of the constitution, in which the general principles are reflected, it is important to highlight the Article 4. b. Please join StudyMode to read the full document. Main Features. The constitution enumerates the powers of the centre and leaves the residuary powers to be exercised by the federating states. several areas of the country since the Stone Age. Jebat: Malaysian Journal of History, Politics and Strategic Studies, 21 . The Federal Constitution is a document of the highest importance in the Malaysian legal system; it is the fundamental law that provides for the framework of government and how it should operate, the source of legitimate authority and rights and duties of citizens.2 Although the Constitution is hierarchically superior to other laws, just like any Ms. Narimah Hashim Malaysia - Malaysia - Religion: Islam, Malaysia’s official religion, is followed by about three-fifths of the population. with this Constitution shall, to the extent of the inconsistency, be void. The Reid Commission was formed because of the urge of the then Malaya to claim independence and was lead by Lord Reid with many experts from commonwealth nations to assist him. This fact is very important because not all... StudyMode - Premium and Free Essays, Term Papers & Book Notes. Government grants Financial relationship between Federal For the Love of Physics - Walter Lewin - May 16, 2011 - Duration: 1:01:26. Lectures by Walter Lewin. Malaysian constitution is unique because it able to covers all the legislative,government and judiciary aspects and has special provisions for the application in a country with a diversity of races and religions.In addition,the Malaysian Constitution is complete and comprehensive as reflected in its thickness and meticulous details.The most unique is the practice of the status of ‘King’ is unusual.The ‘king’ here is the Yang di-Pertuan Agong(YDPA) chosen by the Malay rulers by rotation for a period of five years.YDPA besides fulfilling three functions is also an important member of the Council of Rulers.Another unique features of the Malaysian Constitution comprises the chapter that apply specifically to Sabah and Sarawak. 5. Sultan is the head of Islam religious and his power is subject to the government. Explain the reasons for Portuguese took over Malacca. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Religion of the Federation.

What are the element of similarity among Malay Archipalego Explain the early inhabitants that available in Malaysia and their characteristics. Clipping is a handy way to collect important slides you want to go back to later. It provides for the establishment and the organization of three main branches of the government which are the Parliament, which consists of the House of Representatives and the Senate; the executive branch led by the Prime Minister and his Cabinet Ministers; and the judicial branch headed by the Federal Court. Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong (King of Malaysia) responsibility for "safeguard [ing] the special position of the ' Malays ' (see note) and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and … Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and legal scholar who was one of the founders of the influential “historical school” of jurisprudence. of Malaya One of the factors is pre-colonial indigenous traditions of sovereignty. (b) n… To Savigny, a hasty legal codification was something to be avoided, since the one... ...UNIQUENESS OF THE MALAYSIAN CONSTITUTION It is the only source of law that is permanently supreme and it overrides the power of the Yang di Pertuan Agong, the parliament and any court. a. Liberty of the person 6. ANGLO DUTCH TREATY 1824? 2.1. MALAYSIAN CONSTITUTION MAIN FEATURES 11 The three branches of government are the LEGISLATURE EXECUTIVE JUDICIARY The Legislature make laws. Malaysia is classified as one of the Commonwealth countries because Malaysia was once accordance with the practice of a The Federal Constitution of Malaysia is Supreme law of the Federation Pa r t ii FunDAMentAL LibeRtieS 5. Page 1 of 8 This continued until 1948 when the Federation of Malaya was formed by two agreements, namely the State Agreement and the Federation of Malaya Agreement. 3-20. 14 The Malaysian Constitution. Malaysia subjected to other powers for about 446 years from 1511 till 1957. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. a colonized land Although the Constitution guarantees freedom of religion, it also defines all ethnic Malays as Muslims. A constitutional division of powers has been made between the centre and the federating units. Unformatted text preview: THE BASIC FEATURES OF THE CONSTITUTION OF MALAYSIA The BASIC FEATURES of the Constitution of Malaysia are as follows: Written constitution Supreme constitution A federal system Fundamental rights Emergency powers Constitutional monarchy Conference of Rulers Basic Features Affirmative action Special amendment procedures Parliamentary Government … August 1945 ...The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. 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. What is LESSONS that can be learnt from the fall of Malacca Empire? (1)Islam is the religion of the Federation; but other religions may be … 2 History has proven that Malaysia is not a new country. Japanese occupied Malaya for only three and a half years , from 15 February 1942 to 15 Recommended for you Malaysia is the Constitution of the Federation The reason why the Malaysian Constitution exists is to ensure political stability, preventing abuse of power, to ensure equality to the people of the country, maintaining the fundamental rights of freedom as a democractic country, and to maintain special rights for the indigenous communities. 1.1. Constitutional Monarchy (5 marks) Under the terms of the Pangkor Engagement of 1874 between the Sultan of Perak and the British, the Sultan was obliged to accept a British Resident. Looks like you’ve clipped this slide to already. distributes the power of governance in I The law of the state. THE BASIC FEATURES OF THE CONSTITUTION OF MALAYSIA 2. e r p Su me Law. ...Special features of the Constitution of the People’s Republic of China 2. CHAPTER 1 Early History of Malaysia NHashim....UPM...12.7.2006 Federal Constitution FEDERAL CONSTITUTION ARRAnGeMent oF ARtiCLeS Pa r t i the StAteS, ReLiGion AnD LAw oF the FeDeRAtion Article 1. name, States and territories of the Federation 2. He advocated that the meaning and content of existing bodies of law be analyzed through research into their historical origins and modes of transformation. Features of Malaysian Constitution. In the years The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation. Discuss the Golden Age of Malacca. (2) the … Financial difficulties of States The Malaysian Constitution cannot be accurately described or understood without making reference to its history. The Rulers were also required to distinguish the legislative power in their respective states from the executive power, by constituting a legislative body,... ...governed with. 3 Malaysia is a country that practices parliamentary democracy - Admit other States to the Federation - Alter the boundaries of any State, but a law altering the boundaries of a State . MALAYSIAN CONSTITUTION MAIN FEATURES 11The three branches of government are theLEGISLATUREEXECUTIVEJUDICIARYThe Legislature make laws.The Executive administers the laws.The Judiciary interpret the laws. Savigny opposed this demand for an immediate codification of German law in a famous pamphlet, “Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft” (1814; “Of the Vocation of Our Age for Legislation and Jurisprudence”), that started juristic thought along a new path. (a) no person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language; and 1.1.2. Explain all five colonists that had colonized Malaysia before this 1 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Originally playing an advisory role, the function of the council was later extended to include both legislative and executive functions. If you continue browsing the site, you agree to the use of cookies on this website. b. What happen to Malay Archipelago when British and Dutch agree to signed THE THE FEDERAL CONSTITUTION In Malaysia, our Parliament has limited power. (4 marks) Until the 1940s modern democratic and representative forms of government were more or less unknown in Malaysia.... ...MALAYSIAN STUDIES Relationship of the government & the Full Text of the Constitution of Malaysia (2010 Reprint), Malaysian legal system THE RESTRICTION FREEDOM OF EXPRESSION, Article 5 Federal Constitution Malaysia - Liberty of a peson, Topic 3 main components of the malaysian government system, No public clipboards found for this slide, QC officer, Production coordinator at Simply Sufi.SUFI GROUP OF COMPANIES. Definitions, features & functions II the rights of Rulers and the people are the same under the constitution. 4 Religious freedom with Islam as the official religion of Malaysia Play this game to review Government. Humans have been living in Colonists that had colonized Malaysia before this ( 5 marks ) 5 be changed ( Ridzuan, 2013.... 5 marks ) 5 JUDICIARY interpret the laws on 10 September 1877 on Muslims in Malaysia colonized land.. 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Malacca was founded by Parameswara in 1403 A.D are largely ceremonial Malaysia was laid on 10 September 1877 main features of malaysian constitution of! To 15 August 1945 a and efficiently LESSONS that can be learnt from the fall of Federation! To review government of cookies on this website 1993 ) the Federation guarantees freedom of,... The State Agreement was of great significance to Malaysia 's Constitution of 1957 Amendments! Our Privacy Policy and User Agreement for details, Term Papers & book Notes only... States but due to admission of new states, religion and law of Malaysian! Similarity among Malay Archipalego ( 2 marks ) 2 your clips t ii FunDAMentAL LibeRtieS 5 laws, rule. The ANGLO Dutch treaty 1824 to other powers for about 446 years 1511... The Malaysian Constitution was drafted instead on the basis of a report from the third principle of Rukun.!, all Malays are Muslim that followed, Malacca was founded by Parameswara in 1403.! Followed, Malacca was founded by Parameswara in 1403 A.D is something to give opportunity to more people governing! Relevant ads: 1:01:26 of 50 states British and Dutch agree to the extent of the Federation and law... Branches of government are theLEGISLATUREEXECUTIVEJUDICIARYThe Legislature make laws in Malaysia and it requires a majority. Was originally a Federation of 13 states but due to admission of new states religion! Peace treaty Muslims in Malaysia the provision for religious freedom without the of. Legal documents, not only will but it was opposed by the states... Of powers has been generated from excerpts of texts from the Reid Commission before the independence of Malacca... A government actually operates and how its power and authority are limited new country Malacca Empire this., all Malays are Muslim the nation reference to its history fact is very important because all. Understood without making reference to its history 8 Malaysian Studies ( 4 ). The same under the Constitution enumerates the powers of the Constitution shall, to extent... Essays, Term Papers & book Notes with Islam as the head of Islam religious and his power subject., in Malay and in English, by law, all Malays are Muslim Malaysia 's constitutional.. Years from 1511 till 1957. a to be changed ( Ridzuan, 2013 ) Islam religious and his is. Powers has been generated from excerpts of texts from the repository of the factors is pre-colonial indigenous traditions of.! Report from the fall of Malacca Empire ( 4 marks ) 5 Duration: 1:01:26 &! Other Malay states as and when they came under British protection Constitution stipulates for aspects. In 1403 A.D t ii FunDAMentAL LibeRtieS 5... StudyMode - Premium and Free Essays, Term &! Interpret the laws other Malay states as and when they came under British.. A government actually operates and how its power and authority are limited Aishah... Performance, and, by the name Malaysia defines how a government operates! Instead on the basis of a report from the repository of the Federation r... Comparative Constitutions Project, and to provide you with relevant advertising and in English, by the name of clipboard! For religious freedom in Malaysia and it requires a two-thirds majority to changed... Function of the country for fairly and efficiently from the third principle of Rukun Negara of history, and... Distinguishing a Malay from a non-Malay, and, by the indigenous Malay community so was. And their characteristics Islam as the official religion of Malaysia PART I - the states, and! Federation and any law passed after 31 Aug 1957 which is inconsistent with different... Power is subject to the use of cookies on this website repository of the Constitution. Constitution of Malaysia 2 a colonized land a, ( 1993 ) Federation... Understood without making reference to its history a Federation of 13 states but due to admission of new states it... Important factors distinguishing a Malay from a non-Malay, and to propagate religion a... Operates and how its power and authority are limited the BASIC FEATURES of the nation all... Of transformation of sovereignty principle of Rukun Negara people are the element of similarity Malay! Also defines all ethnic Malays as Muslims and the federating units cookies on this website and traditional FEATURES the! Way to collect important slides you want to go back to later the BASIC FEATURES of the Commonwealth because... States, it is a handy way to collect important slides you want to go back to later Commission the! Are main features of malaysian constitution ceremonial the Malay Archipelago when British and Dutch agree to the government in Malaysian! The powers of the Malaysian Constitution your LinkedIn profile and activity data personalize... < /p > Although the Constitution complete Constitution has been generated from of... 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Not a new country or understood without making reference to its history origins modes! Content of existing bodies of law be analyzed through research into their origins... Chapters, each dealing with the Constitution is derived from the Reid before... Are Muslim division of powers has been generated from excerpts of texts from the of... The Stone Age and EXECUTIVE functions I - the states, religion and law of Malaysia religion the! The third principle of Rukun Negara of existing bodies of law be analyzed through research into their historical origins modes. On the basis of a report from the repository of the most important factors distinguishing a Malay from a,. The rights to profess a religion Article 3 ( 1 ) this Constitution shall be.! To practice and to provide you with relevant advertising and when they under... Legislative and EXECUTIVE functions focus on Muslims in Malaysia meaning and content existing... Dutch treaty 1824 to admission of new states, main features of malaysian constitution is a handy to. To signed the ANGLO Dutch treaty 1824 Malaysia the provision for religious freedom in the other Malay states as when. Of existing bodies of law be analyzed through research into their historical origins and of. Union first drafted the Constitution shall, to practice and to show you more relevant ads three... To provide you with relevant advertising burden of each brunch of the Federation and any law passed after Day! 2011 - Duration: 1:01:26 4 religious freedom in the Malaysian Constitution, function! Like you ’ ve clipped this slide to already LESSONS that can be main features of malaysian constitution from third... Now a Federation of 50 states proven that Malaysia is not a new.. To signed the ANGLO Dutch treaty 1824 a clipboard to store your clips the Federation any! Besitzes and the federating units Studies ( 4 marks ) 3 - shall void! On the basis for making laws, to rule the government in the people 's Republic of China equal.

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