Tuesday, 7 October 2014

Chapter 4: The Constitution of Malaysia 


This chapter discusses the concept of the constitution, the purpose of the Constitution and the concepts of separation of powers between the federal government and the government of the State.

In the Malacca Sultanate Law and the Law of the Sea Senior Melaka Melaka. Meanwhile, each state will adopt a traditional custom, the custom of the Temenggong and Adat Pepatih. Pepatih refractive custom practiced in Negeri Sembilan and Melaka. Malay traditional culture-conscious in their lives. Modern constitution only introduced after Malaya gained independence in 1957 and strengthened after the formation of the Malaysian Federation in 1963.


Draft Constitution 
The Constitution is the supreme law of the source country. Existence to streamline the governance of a country. Moreover, the constitution also serve as a guideline for legislation either in the government as a guideline for legislation either in the government or the people. The Constitution also aims to provide security and protection to the people. The Federal Constitution of Malaysia contain 131 Things to affect various aspects of the rule as fundamental freedoms, power and position the Agong, the Malay Rulers privileges and rights of the Malays, the Malay language questionnaire, religion, nationality, justice and so on.

The forms of the Constitution 
Divided into two types, namely the constitution written and unwritten constitution. Written constitution is the constitution of collected and compiled in a letter. Written constitution consists of three main properties, namely:

1 Strong and tough to make changes unless there is a provision in the constitution is amended to allow it.
2 Parliament has power to make laws on matters contained in the constitution, but Parliament should not make laws contrary to fundamental freedoms.
3 The Court has the power to interpret the law and protect the constitution.
Unwritten constitution covers all the principles of the constitution are not collected in a letter. For example, an Act of Parliament and the decisions of the court.

1 Federal Register
Cover matters of foreign affairs, defense, internal security, criminal law and civil, and other nationalities.


2 Concurrent List
Cover that allows the state legislature to make the law as long as it does not conflict with federal law. For example, the protection of wild animals, scholarships, child protection, town and village, and others.

3 State List
Include items delivered to states such as Islamic law, personal law and Muslim families, holidays and other states.

supremacy of the Constitution
Malaysia is a federation with a written constitution. According to Tun Mohamed Suffian, former Chief Justice of the Federal Constitution of Malaysia is the highest. Supremacy of the Constitution can be seen on the following provisions:

1.Parlimen 
Gained control of the constitutional right to determine the legislative power of the Federal government on the one hand and to every countries on the other.

2 of the Constitution 
Determine the joint that allows Parliament or Legislative Assembly to make laws about it. Examples of laws that can be made by Parliament are defense, education, affairs of state and sebgainya.

3 rating YDPA 
His Majesty as Head of State, the symbol of allegiance of the people, a symbol of the nation, Chief Parliament, Head of Government and others.

4 Legislative power 
Conducted by various legislative bodies are also subject to restrictions imposed by the constitution. Judicial power is also subject to restrictions imposed by the constitution.

5. a crash integral 
An important element in a country that practices parliamentary democracy sestem. National governments can not remove a citizen, can not resist a citizen from returning to his homeland, can not force a person into forced labor and can not imprison any person other than in accordance with Manan law.

State Constitution 
Formed as a result of a partnership between the state of the Federation of Malaysia. Countries that joined the Malaysian Federation is granted the rights, powers and responsibilities provided for in the Federal Constitution and the State Constitution.

The existence of the constitution as the fundamental law has a very large role in shaping the course of this country's government. Although it is a constitution that is too long and detailed so far, it has succeeded in smoothing out of the country, to create peace and stability in the country.

Chapter 4: Special Rights of the Malays 


According to Article 160 (2) of the Federal Constitution of Malaysia, the Malays are defined as: 
1 A Muslim.
2 Speak Malay.
3 Adopt Malay customs.
4 Birth before independence day in either the Federation or in Singapore, or on the day of independence he is resident in the Federation or in Singapore.


Meanwhile, the natives in Sabah and Sarawak (including non-Malays) belongs to receive privileges as those obtained in the Malay Peninsula. Among the items included in the privileges of the Malays as natives are:
1 Public Service
2 Economy
3 Education

The Federal Constitution of Malaysia has a set of guidelines to govern the country. Without the constitution, the system of command and control difficult. The main provisions of the constitution gives a clear picture to the people.

http://pengajianmalaysia.wordpress.com/2010/08/24/hak-istimewa-orang-melayu/

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