malaysian studies

2. INTRODUCTION
 Document of highest law
 Fundamental law from which the validity of all other laws
derive
 Based on the Federation of Malaya 1957 Constitution
 Amended 16 September 1963

3. THE AIMS OF THE
CONSTITUTION
 As primary reference in nation building
 To avoid disputes
 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

4. Malaysian Constitution
Federal list sets out subjects on which only the
parliament Can Legislate
 Finance And Taxation
 Internal Security
 Defense
 Educations
 Labors
 Agricultural
 External Affairs
 Trades
 Health
 Transport
 Social Security
 Industries
 Public Works Etc

5. State List
 State list sets out subjects on which the State
Legislative Assemblies can legislate
 land
 housing
 Islamic Law
 Malay custom
 state public holidays etc
 state 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

7. MAIN PROVISIONS IN THE CONSTITUTION
1. Article 152 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. Article 3(a) Religion
 Islam is the official religion.
 Other religions may be practiced in peace and harmony
3. Article 160 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)

8. Articles 14-31 Citizenship – FOUR methods
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

9. 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
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

10. 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, double citizenship
 not loyal to the country
 making false statements at the time of his
application

11. FUNDAMENTAL FREEDOMS
Article 5-13
The constitution provides fundamental rights and freedom to
the individual.
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