2. INTRODUCTION
• Is the document that contains the highest law
of the country
• Is the fundamental law from which the
validity of all other laws derive and is superior
to all other forms of laws
• The constitution contains laws that conform
to the people’s wishes and the current
situation
• Based on the Federation of Malaya 1957 –
amended 16 September 1963
3. THE AIMS OF THE CONSTITUTION
• To ensure smooth administration and political
stability
• To avoid abuse and misuse of authority by the
legislative, executive and judiciary bodies
• To ensure fundamental rights and freedom
• To ensure that citizens give undivided loyalty
• To provide special rights for Bumiputra and
natives of any states of Sabah and Sarawak
4. Malaysian Constitution
Federal List
• Allocates the division of power between the
Federal and State Government
• the Federal list sets out subjects on which
only the parliament can legislate
• external affairs
• defense
• internal security
• shipping
• health
• transport
• finance and taxation
• social security etc
5. State List
• State list sets out subjects on which the
State Legislative Assemblies can
legislate
• Islamic Law
• Malay custom
• land and housing
• state public holidays etc
• to ensure all state governments have
autonomy on their civil service
6. Common List
• The Federal and State have to work together in
certain areas that are of common interest:
•
•
•
•
Scholarship
Social welfare
Culture and sports
Protection of wild animals
8. MAIN PROVISIONS IN THE CONSTITUTION
1. National Language
• National language shall be the Malay
language
• However no person shall be prohibited or
prevented from using any other language
• English language may be used with YDPA
consent for official purposes
2. Religion
• Islam is the official religion.
• Other religions may be practiced in peace
and harmony
9. 3. Special privileges
• the Malays and natives of any state of Sabah
and Sarawak will enjoy special privileges
• YDPA will safeguard the special position of the
Malays and natives of any states of Sabah
and Sarawak (done in consultation with the
Cabinet)
• Citizenship – FOUR methods
10. a) Citizenship by operation of law
• every person born before Malaysia Day (16
September 1963) who is a citizen of the
Federation by virtue becomes a citizen
• every person born on or after Malaysia Day
– either father / mother at time of birth is a
citizen/permanent resident
• born outside Malaysia on/after Malaysia Day
– father at time of birth is a Malaysian and
the birth must be registered at the
consulate office
11. b) Citizenship by registration
• wife and child of citizens
• a person below 21 years old whose
parents are not necessarily citizens
• a person born in the Federation
before Merdeka Day
• a person who was living in Sabah or
Sarawak on Malaysia Day
12. c) Citizenship by application
• upon application, the individual of or over the
age of 21 will be granted a citizenship if he / she
fulfills the following requisitions:
• has resided for the required period (10 out of 12
years)
• has good character
• has adequate knowledge of the National
language
d) Citizenship by incorporation of Territory
• If any new territory is accepted into the
Federation, Parliament through its law can
determine the people of the new territory be
given citizenship status
13. TERMINATION OF CITIZENSHIP
• renunciation – giving up citizenship of
Malaysia
• revocation:
• obtaining citizenship of another country
and exercising the rights of a citizen of a
foreign country e.g.; voting
• not loyal to the country
• making false statements at the time of
his application
14. FUNDAMENTAL FREEDOMS
• The constitution provides fundamental rights and
freedom to the individual.
• The lists are:
1. Freedom from slavery and forced labor
2. Freedom from abuse of law
3. Individual freedom
4. Freedom to speak, to assemble and to form
unions
5. Freedom to own property
6. Freedom from exile and restriction of movement
