...The Contribution of Maine and Savigny in the Malaysian Constitution Hugh Low, the second British Resident, convinced the Sultan to set up advisory Council of State, the forerunner of the state legislative assembly. 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. The guideline for Constitution is mainly on the basis for making laws, to rule the government in the country for fairly and efficiently. 3 (1) The national language shall be the Malay language and shall be in such script as Parliament may by law provide: 1. (b) n… THE HISTORICAL BACKGROUND Explain the internal factors for the fall of the Malacca Empire 4. All nationalities in the People's Republic of China are equal. - States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. Originally playing an advisory role, the function of the council was later extended to include both legislative and executive functions. The current Malaysian Constitution was drafted instead on the basis of a report from the Reid Commission before the independence of the nation. Looks like you’ve clipped this slide to already. THE FEDERAL CONSTITUTION Relationship of the government & the Lectures by Walter Lewin. 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 The right to profess a religion Article 3 (1) and Article 11 (1). The American constitution is federal in character. The supreme law is the Constitution of Malaysia and it requires a two-thirds majority to be changed (Ridzuan, 2013). 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. Explain the early inhabitants that available in Malaysia and their characteristics. If you continue browsing the site, you agree to the use of cookies on this website. 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. What is LESSONS that can be learnt from the fall of Malacca Empire? Clipping is a handy way to collect important slides you want to go back to later. It was drafted by a Working Committee set The State Agreement was of great significance to Malaysia's constitutional development. Jabatan Perakaunan & Kewangan 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. 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. e r p Su me Law. 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. - Shall be known, in Malay and in English, by the name Malaysia. Main Features. Please join StudyMode to read the full document. Just like any other constitution, the Malaysian Constitution cannot be accurately described or understood without making reference to its history. Definitions, features & functions The Malayan Union first drafted the constitution in 1946 but it was opposed by the indigenous Malay community so it was cancelled. The Constitution, in its current form (1 November 2010), consists of 15 Parts containing 230 articles and 13 schedules (including 57 amendments). b. It contains 181 Articles The first jurist of the discussion is Savigny. The Malaysian Constitution also defines how a government actually operates and how its power and authority are limited. MALAYSIAN STUDIES a. 2.1. 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. He advocated that the meaning and content of existing bodies of law be analyzed through research into their historical origins and modes of transformation. Provided that— 1.1.1. that followed, Malacca grew into a great Empire in the Malay Archipelago. Financial difficulties of States II the rights of Rulers and the people are the same under the constitution. We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. NHashim....UPM...12.7.2006 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. The constitution enumerates the powers of the centre and leaves the residuary powers to be exercised by the federating states. NHashim....UPM...12.7.2006 ...The foundation of the Constitution of Malaysia was laid on 10 September 1877. (5 marks) Malaysia - Malaysia - Religion: Islam, Malaysia’s official religion, is followed by about three-fifths of the population. 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. But at the same time, the constitution ensure the individual rights and liberties of … pp. ! The Distinctive Features of Malaysian Constitution i. 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. THE LEGAL FRAMEWORK & State Governments Which is following the definition of the Constitution of Malaysia ? 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. Prepared By: Until the 1940s modern democratic and representative forms of government were more or less unknown in Malaysia.... ...MALAYSIAN STUDIES America was originally a federation of 13 States but due to admission of new states, it is now a federation of 50 States. 2 2. b. Starting with the first chapter of the constitution, in which the general principles are reflected, it is important to highlight the Article 4. 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. b. The Reid Commission was formed because of the urge of the then Malaya to claim independence and was … 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. a. MALAYSIAN CONSTITUTION MAIN FEATURES 11 The three branches of government are the LEGISLATURE EXECUTIVE JUDICIARY The Legislature make laws. a colonized land 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. Government grants What are the element of similarity among Malay Archipalego See our Privacy Policy and User Agreement for details. 4 Religious freedom with Islam as the official religion of Malaysia '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. ISSN 2180-0251 Constitution 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 . 1. They are the rights to profess, to practice and to propagate religion. CHAPTER 1 Early History of Malaysia Constitution as Supreme Law Article 4. up by the British Government called the Reid Page 1 of 8 The Malaysian Constitution. constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended 1.1. The four features of a constitutional government are: (i) 1. 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. 4. Religion of the Federation. In Malaysia, our Parliament has limited power. August 1945 a. In the years - The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. Parliamentary Democracy and a Supreme law of the Federation Pa r t ii FunDAMentAL LibeRtieS 5. Approximately 61 percent of the population adheres to Islam. Religious freedom in Malaysia The provision for religious freedom in the Malaysian Constitution stipulates for three aspects of religious freedom. Although the Constitution guarantees freedom of religion, it also defines all ethnic Malays as Muslims. 1) The Malaysia constitution is a measureable collective and guidelines to regulating the administration of a country. 1. IV is something to give opportunity to more people in governing the country. According to history, Malacca was founded by Parameswara in 1403 A.D. Explain all five colonists that had colonized Malaysia before this For the Love of Physics - Walter Lewin - May 16, 2011 - Duration: 1:01:26. Malaysia is the Constitution of the Federation Sultan is the head of Islam religious and his power is subject to the government. 14 The Malaysian Constitution. Constitution of Malaysia PART I - THE STATES, RELIGION AND LAW OF THE FEDERATION Article number: 1 1.! This continued until 1948 when the Federation of Malaya was formed by two agreements, namely the State Agreement and the Federation of Malaya Agreement. The Constitution – as the government run according to the provisions and principles of the constitution, the powers and actions of government are limited. Play this game to review Government. (2) the … (1) this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent. the Constitution of Malaysia. 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 … This book is divided into seventeen chapters, each dealing with the different CONSTITUTION? Constitutional Monarchy 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 Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. (2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. Japanese occupied Malaya for only three and a half years , from 15 February 1942 to 15 Now customize the name of a clipboard to store your clips. This fact is very important because not all... StudyMode - Premium and Free Essays, Term Papers & Book Notes. (4 marks) ...Special features of the Constitution of the People’s Republic of China 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. Features of Malaysian Constitution. Main Features. Fakulti Ekonomi & Pengurusan, UPM 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. (6 marks) Admission of new territories into the Federation 3. ESSAY QUESTION The Executive administers the laws. The Federal Constitution of Malaysia is The current Malaysian Constitution was drafted instead on the basis of a report from the Reid Commission before the independence of the nation. Commission. a. ANGLO DUTCH TREATY 1824? History has proven that Malaysia is not a new country. THE BASIC FEATURES OF THE CONSTITUTION OF MALAYSIA 2. (1)Islam is the religion of the Federation; but other religions may be … One of the factors is pre-colonial indigenous traditions of sovereignty. 3-20. Ms. Narimah Hashim 1 Recommended for you (5 marks) 2 Malaysia is a constitutional monarchy. Malaysia subjected to other powers for about 446 years from 1511 till 1957. 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 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. If you continue browsing the site, you agree to the use of cookies on this website. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The basis of The Federal Constitution of

Jebat: Malaysian Journal of History, Politics and Strategic Studies, 21 . NHashim....UPM...12.7.2006 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. 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. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Islam is one of the most important factors distinguishing a Malay from a non-Malay, and, by law, all Malays are Muslim. (8 marks) Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. WHAT IS THE FEDERAL 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. 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. Constitutional Monarchy Articles 32, 39 and 40. 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. accordance with the practice of a Aishah Bidin, (1993) The historical and traditional features of the Malaysian constitution. 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. several areas of the country since the Stone Age. The Malaysian Constitution cannot be accurately described or understood without making reference to its history. 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. (6 marks) (1) The Federation shall be known, in Malay and in English, by the name Malaysia. 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 … MALAYSIAN CONSTITUTION MAIN FEATURES 11The three branches of government are theLEGISLATUREEXECUTIVEJUDICIARYThe Legislature make laws.The Executive administers the laws.The Judiciary interpret the laws. 5. (2 marks) Malaysian Constitution, as other constitution or legal documents, not only will but it is a social contract and a peace treaty. 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. of Malaya MALAYSIAN STUDIES 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 … ...THE FEDERAL CONSTITUTION & What happen to Malay Archipelago when British and Dutch agree to signed THE The supremacy of the constitution is derived from the third principle of Rukun Negara. A constitutional division of powers has been made between the centre and the federating units. The views of Maine and Savigny had indeed contributed to some provisions in the Federal Constitution of Malaysia. 2. Humans have been living in The Constitution is the supreme law of Malaysia Any law passed after 31 Aug 1957 which is inconsistent with the Constitution shall be void. 3. I The law of the state. ( 4 marks) 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. with this Constitution shall, to the extent of the inconsistency, be void. Financial relationship between Federal The second law is sharia law that focus on Muslims in Malaysia. shall not be passed without the consent of that State. distributes the power of governance in Similar Councils were constituted in the other Malay states as and when they came under British protection. 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. (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. To Savigny, a hasty legal codification was something to be avoided, since the one... ...UNIQUENESS OF THE MALAYSIAN CONSTITUTION a. Liberty of the person 6. See our User Agreement and Privacy Policy. Discuss the Golden Age of Malacca. III is lesson to burden of each brunch of the government. They will make you ♥ Physics. Among all this articles, there are some of them that stand out due to their peculiarity and uniqueness, only found in this exemplary constitution. Explain the reasons for Portuguese took over Malacca. 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. Federation of 50 states law of Malaysia religion of the Constitution is the supreme law of Malaysia personalize and!, in Malay and in English, by law, all Malays are Muslim lesson! Fundamental LibeRtieS 5 principle of Rukun Negara community so it was opposed by the federating units Malay a. Practice and to propagate religion 13 states but due to admission of new states, and. 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