THE CONSTITUTION OF MALAYSIA
The Constitution is a document that contains the highest laws of the country. No other law can contravene the constitution.
The Federal Constitution (Malaysia) we have today is based on the Constitution of the Federal of Malaya presented by the Reid Commission in 1957. The 1957 document was amended to suit the requirements of the enlarge federation and put into effects as the Constitution when Malaysia was proclaimed on 16 September 1963.
SOURCE OF LAW IN MALAYSIA
- Federal Constitution
- Act ( laws enacted)
- Enactment/ Ordinance
- Written Islamic Law
- Minor Legislations
- Customary Law
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All these rights are guaranteed by the Federal Constitution. Nevertheless, the State Constitution cannot contradict the Federal Constitution . According to Article 71 (A) of the Federal Constitution, all state Constitutions must have specific provisions in matters such as those concerning the Ruler, the Yang Dipertua Negeri, the State Executive Council, the State Legislative Assembly, Financial provisions, equal treatment for workers in the state, and amendments to the State Constitution. The extent of the state government’s power is mentioned in the State List.
- Islamic Law
- Agricultural land and forestry
- Local Government
- Local Service
- State public work and water
- State government machinery
- State public holidays
- State laws
- Turtles and catching of fish in rivers
- Libraries, museum, monuments, ancient records and history, as well as ancient sites and ruins.
The Federal Government and the respective State Governments are required to cooperate in areas that border on their common interest. These matters are mentioned in the Common List.
- Social welfare
- Protection of wild animals and wild birds, National Parks
- Town and village planning
- Public health
- Safety measures
- Culture and sports
- Housing and allocation of housing facilities, development trust
- Production, allocation and supply of water and electricity generated
- Charities and trusts
- Cinemas, cinema shows, film shows, public places of entertainment
- Election for State Legislative assembly
MAIN PROVISIONS IN THE CONSTITUTION OF MALAYSIA
2.1 Freedom to assemble
a. Every individual has the right to assemble peacefully without arms anywhere in the Federation.
b. Assembly can be held with police permits subject to certain conditions (security, public order, health and public menace)
2.2 Freedom of religion
a. Every person has the right to practice a religion in the Federation
b. Any form of religious functions comes under the state law where the Sultan is the head of religion.
c. For the Federal Territory of Labuan Kuala Lumpur and Putrajaya religion comes under the purview of the Parliament.
2.3 Rights to own property
- Malaysians have the right to own property. Should there be any need on the part of the government to take over the property (land for example) proper compensation is made to the owner.
2.4 Restrictions in the interest of the security
- The human rights given to the individual according to the constitution are subject to laws relating to public security restrictions + explanation.
2.5 Restrictions in the interest of public health
- Human rights given to the individual according to the constitution are subject to public health restrictions laws.