History of the malaysian constitution essay

To a lesser degree, it also draws upon the Indian, Australian and American constitution. Therefore, the fact that Islam is the religion of Malaysia does not by itself import Islamic principles into the Constitution but it does contain a number of specific Islamic features: This has resulted in Malaysia having two parallel legal systems operating at the same time, namely the normal one and the emergency provision5.

Constitutional history of Malaysia

The terminologies found within the Malaysian constitution are similar to the British ones with several features adopted to suit the Malaysian environment. Each State, irrespective of whether it has a Sultan as its Ruler, has its own State constitution but for uniformity, all State constitutions must have a standard set of essential provisions See Art.

The Prime Minister at that time, Tunku Abdul Rahman, gave assurances in Parliament that this provision would never be abused and used beyond its intended purpose to silent legitimate dissent.

The unwillingness to address the root cause of this issue will only perpetuate the problem. InAlexander Hamiltona lawyer and politician from New Yorkcalled for a constitutional convention to discuss the matter. In Maytwenty judges attended a meeting where they all agreed that the current Lord President write to the Monarch and other rulers, expressing their concerns regarding the executive's public criticism of the judiciary.

Because of this provision, the government has made it difficult for Malays who wished to convert out of Islam. Parliament and State legislatures share the power to make laws over matters under the Concurrent List such as water supplies and housing but Article 75 provides that in the event of conflict, Federal law will prevail over State law.

Although the Article permits this act to be passed, it stipulates that any provisions that is inconsistent with other constitutional articles that guarantee personal liberties such as due process, freedom of speech and the freedom of assembly will be rendered unconstitutional and invalid. A person who is unlawfully detained may be released by the High Court right of habeas corpus.

However, the charges cannot be carried out in a normal court of law, but in a Special Court established under Article The Supreme Court held that the Kelantan anti party-hopping provision was void because the "direct and inevitable consequence" of the provision is to restrict the right of members of the assembly from exercising their right to freedom of association.

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: It was not meant to be the guiding principle in governing the country.

There are no mechanisms within this provision to ensure that it is not abused. The Constitution was thus narrowly ratified in Massachusetts, followed by Maryland and South Carolina. The failure of the judiciary to grasp its role as guardians of the Constitution, unlike its Australian or American counterpart, for example, led the executive branch of the government to undermine its independence in the subsequent years.

Eventually, out of necessity, subsequent case laws have transformed this principle into a strict legal rule. The judiciary crisis of Beforethe Malaysian judiciary was well respected within the British Commonwealth for its integrity.

Article 13 — Rights to property[ edit ] Article 13 provides that no person may be deprived of property save in accordance with law.

History of Malaysia

Laws on freedom of assembly[ edit ] Under the Public Order Preservation Actthe relevant Minister may temporarily declare any area where public order is seriously disturbed or seriously threatened to be a "proclaimed area" for a period of up to one month.

Residual Power of States: It is relatively easy to amend the constitution because the government party has always managed to get a two-third majority in the Parliament. Such Acts remain constitutional even if they provide for detention without trial. Assault on the Judiciary' The only except is where the law passed by Parliament relates to land law such as the registration of land titles and compulsory acquisition of land and local government Article Most future Malay states originated from this period.


There was, it seems, no accusation of judicial improprieties, corruption, bias or judicial misconduct during this period.

An Essay on the Constitutional History of Malaysia. An Essay on the Constitutional History of Malaysia [] 3 CLJ xiv (July) (PART 1) by Y.A. Tuan Mohd.4/4(5).

Constitution of Malaysia

Below is an essay on "Constitution of Malaysia" from Anti Essays, your source for research papers, essays, and term paper examples. MALAYSIAN STUDIES CHAPTER 2 – THE CONSTITUTION OF MALAYSIA. History of the Malaysian Constitution The Reid Commission, created inwas responsible in recommending and drafting features of the constitution.

The commission stated two broad objectives for the Malaysian constitutional structure. The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of Malaysia today.

It is drafted by Reid Commission that headed by Lord William Reid in order to formulate a constitution for the preparation of a fully self-governing and independent Federation of Malaya. Hundreds of years ago Malaysia passed through many of the historical periods, where the occupation came to Malaysia one after another, started from the Portuguese and ending with the British.

During the colonial period, the Malay people have struggled and fought to. The Malaysian Constitution is the basis and beginning of the Federation of Malaya Constitution it is towards for Independent Malaya that formed on 16 September From the background of the Constitution of the Federation of Malaya Constitution is replaced by the Reid Commissionwhich is formulated to the new constitution to.

Constitutional history of Malaysia History of the malaysian constitution essay
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