An overview of the federal constitution of malaysia

Article 43 — Appointment of the Prime Minister and the cabinet[ edit ] The Yang di-Pertuan Agong is required to appoint a Cabinet to advise him in the exercise of his executive functions. First, the person must be one who professes to be a Muslimhabitually speaks the Malay languageand adheres to Malay customs.

Originally there was no reference made in the Article to the indigenous peoples of Sabah and Sarawak, such as the Dusuns, Dayaks and Muruts, but with the union of Malaya with Singapore, Sabah and Sarawak inthe Constitution was amended so as to provide similar privileges to them.

He appoints the Cabinet in the following manner: It is expressly provided that work incidental to serving a sentence of imprisonment imposed by a court of law is not forced labour. Legislature acts to enact the law, to amend the law, to repeal the law when it necessary. Under Article 71 and the 8th Schedule, all State Constitutions are required to An overview of the federal constitution of malaysia a provision similar to the above in relation to their respective Menteri Besar Chief Minister and Executive Council Exco.

For the States in Peninsular Malaysia, the period was ten years from Merdeka Day and thereafter until Parliament provided otherwise.

Article — The judiciary[ edit ] Further information: Such Acts remain constitutional even if they provide for detention without trial. States may also create laws in relation to offences against percepts of Islam but this is subject to a number of limitations: A person who is unlawfully detained may be released by the High Court right of habeas corpus.

However, street protests, which consist of "mass" marches or rallies, are not permitted See section 4 1 c of the Act.

An Overview of the Federal Constitution of Malaysia

The Reid Commission suggested that these provisions would be temporary in nature and be revisited in 15 years, and that a report should be presented to the appropriate legislature currently the Parliament of Malaysia and that the "legislature should then determine either to retain or to reduce any quota or to discontinue it entirely.

Such ordinances and emergency related Acts of Parliament are valid even if they are inconsistent with the Constitution except those constitutional provisions which relate to matters of Islamic law or custom of the Malays, native law or customs of Sabah and Sarawak, citizenship, religion or language.

Article of the Constitution of Malaysia Diagram of the definition of Malay under the Constitution. Official purposes here means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority. The state governments in Malaysia have their own respective executive and legislative bodies.

No person shall be punished for an act or omission which was not punishable by law when it was done or made.

Constitutional history of Malaysia

The States have the residual power to make laws on any matter not listed in any of the three lists Article Hire your writer directly, without overpaying for agencies and affiliates!

Under the law, citizens are allowed to hold assemblies, which includes processions see the definition of "assembly" and "place of assembly" in section 3 of the Actupon giving 10 days notice to the police section 9 1 of the Act.

Federal and state relationship[ edit ] Article 71 — State sovereignty and state constitutions[ edit ] The Federation is required to guarantee the sovereignty of the Malay Sultans in their respective States. Permits or licenses for any trade or business which is regulated by federal law and the law itself may provide for such quotas.

Article — Sovereignty of the Malay Rulers[ edit ] Article guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler within their respective states. Article protects the legitimate interests of other communities in the following ways: Article 7 — No Retrospective Criminal Laws or Increases in Punishment and no Repetition of Criminal Trials[ edit ] In the area of criminal laws and procedure, this Article provides the following protections: There is, however, freedom to carry on missionary work among non-Muslims.The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia.

Federal government apply the principle of separation of powers and has three branches, namely executive, legislative and judiciary.

Federal Constitution of Malaysia. The Federal Constitution of Malaysia is considered as the supreme law in Malaysia. It is actually formed after the Constitution of the Federation of Malaya. The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of Malaysia today.

Constitution of Malaysia

FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out.

Malaysia Constitution As Malaysia is a federation of thirteen states, it is altogether fourteen constitutions: the Federal Constitution and thirteen State Constitutions. Johor was the first state to have a written constitution, granted in by Sultan Abu Bakar.

MALAYSIAN CONSTITUTION OTHER PROVISIONS 95 Constitution amendments There have been approximately * individual amendments to the Constitution.

41% of the amendments can be attributed to: 1 Territorial changes: the creation of Malaysia, the departure of Singapore and the creation of three Federal Territories 2 Creation of the Federal.

[toc hidden:1] The federation of Malaysia is comprised of 13 states and 3 federal territories on the Malay Peninsula and on the northern part of the island of Borneo. The country is bordered by Thailand and the South China Sea on the north, and the strai.

An overview of the federal constitution of malaysia
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