6. the Supremacy of the Constitution

7/31/2019 6. the Supremacy of the Constitution

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The Supremacy of the

Constitution The Malaysian Constitution began with the Federationof Malaya Constitution drawn up for independentMalaya


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When the Malayan Union wasdissolved, a new constitution knownas the Federation of MalayaConstitution was drawn up and cameinto effect on 1 February 1948

The Malaysian Constitution whichcame into effect on 16 September1963 is based on the Federation of Malaya Constitution with some

amendments made to incorporate


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Commission) The Constitution has special status

and is the only institution or sourceof legislation that is permanentlysupreme

The Parliament of Malaysia doespossess unlimited power like inBritain because it is given power by awritten constitution

Its situation is consistent and firm


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The Constitution also states veryclearly that there are areas of common legislation, and this isembodied in Schedule 9 of the JointList

Both legislative bodies areempowered to make laws and theselaws are legal as recorded in theprovisions embodied in the

Constitution itself


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the Constitution, the court has thepower to annul Parliament or DUNsaction that is outside the limits of theirpower This is what we mean by the

constitution being the countryssupreme source of legislation

The court acts as a body thatcontrols and safeguards thesupremacy of the Constitution


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However, Parliament also has thepower to amend laws that have beenmade, following the powersdetermined by the Constitution, whilethe Constitution is generally supremein terms of giving power (legislation)

to Parliament, the State LegislativeCouncil or the court Thus the other bodies are only

supreme in certain matters as


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The position of the YDP Agong issupreme as clearly stated in theConstitution, but not overriding theConstitution:

1. His Majesty is the chief head of stateand the object of every citizensallegiance and obedience

2. The YDP Agong symbolizes thenation

3. His Ma est is a com onent of


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Although the YDP Agong has aspecial position and actuallyrepresents all official institutions andactions of the government, theConstitution determines that HisMajesty is a constitutional monarch

The limit to the powers of the YDPAgong is clearly spelt out in thecoronation oath which is determined

by the Constitution


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advice of the Prime Minister, whois also guided by the principles of the Constitution This method is called the doctrine

of power separation

The Content of theConstitution

To meet the demands of a-


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5. Supremacy of the Constitution andthe rule of law

6. Doctrine of the separation of powerin which the judiciary, the legislativeand the government has each itsfreedom to carry out its differentfunctions with no conflict of interest7. Validity and transparency of the

Judiciary with exclusive powers subjectto the provisions of


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the Constitution

8. National language, citizenship and

the special rights of the Malays andthe native tribes of Sabah and Sarawak The Malaysian Constitution contains

15 sections, 183 Clauses or Articlesand 15 Schedules


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Uniqueness of the MalaysianConstitution

The Malaysian Constitution covers allthe legislative, government and

judiciary aspects and has specialprovisions for application in a countrywith a diversity of races and religions

It is complete and comprehensive asreflected in its thickness andmeticulous details

It is not just fully equipped to meetthe needs of an independent country,


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unique The most unique is the practice of

constitutional monarchy under theFederal Section

The concept of chief head of statewith the status of a king (YDPAgong) is unusual and is chosen bythe Malay Rulers by rotation for aperiod of 5 years


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The YDP Agong besides fulfillingthree functions is also an importantmember of the Council of Rulers

Another unique feature is itcomprises the chapters that applyspecifically to Sabah and Sarawak

These special features are to adaptto conditions of physical structureand population composition resultingfrom


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historical development as set outbelow:

1. The royal system that existed sincemany centuries

2. The position of the states thatnormally have their own autonomyand strength

3. The formation of a plural societythat started with the bringing in of Indians and Chinese b the British


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which diversifies further thecomposition of the local populationand interests It is this background among other

things that constituted the basis of the Reid Commission for theConstitution of the Federation of Malaya and the Cobbold Commissionfor a new constitution for Malaysia

Adjustments such as those in


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certain matters including thequestion of relation between theFederation and Sabah and Sarawak For it to become fair and practical

source of legislation everybody mustbe ready to accept it

Many people of all races andpositions gave their views andsuggestions before the constitutionwas drafted


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Constitutional Amendments

The Malaysian Constitution is not setand rigid; its alive and functions atall time

Like in other countries, theConstitution can be amendedthrough the process of Parliament(Article 159 and 161E)

Some views are criticisms againstconstitutional amendments sayingthat since it was drafted after


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confidence and respect for theconstitution and subsequently for theexecutive However, no country is in fact static

without change; what more at thisage of globalization

With todays many changes, acountrys system of governmentneeds constant adjustment

The Mala sian Constitution has


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amendments so that adjustmentcan be made legally following therelevant provisions Generally the reasons and rational

for making constitutionalamendments are:

1. To maintain efficient management of the countrys administration such asstandardizing the regulations of landmatters in the states of the


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2. To control the countrys peace ashappened several times to theregulations relating to the InternalSecurity Act3. So that the peoples interests can beprotected if it is found that the presentlaws are not satisfactory

Documents

6. the Supremacy of the Constitution