Constitution Constitution

A constitution is the body of rules or precedent A constitution is the body of rules or precedent
governing the affairs of the nation, state or governing the affairs of the nation, state or
other organized group. other organized group.
!t may be written document or unwritten. !t may be written document or unwritten.
Consisting of laws and customs that have Consisting of laws and customs that have
evolved overtime. evolved overtime.
The Nalaysian constitution, like most other The Nalaysian constitution, like most other
things in Nalaysia, is a unique expression of the things in Nalaysia, is a unique expression of the
country's varied culture and history. country's varied culture and history.
Diverse elements Diverse elements
Nalay constitution ideas in general Nalay constitution ideas in general
The territories which now from Nalaysia have The territories which now from Nalaysia have
different histories. Only during the brief period different histories. Only during the brief period
of the Nalacca Sultanate was the Nalay of the Nalacca Sultanate was the Nalay
Peninsula united. Peninsula united.
Even in the colonial period at early stage, Even in the colonial period at early stage,
there was no formal integration of all the Nalay there was no formal integration of all the Nalay
states. states.
The constitution ideas of the Nalay states The constitution ideas of the Nalay states
stem from the Nalacca sultanate stem from the Nalacca sultanate
But different from those which have become But different from those which have become
usual in modern time. usual in modern time.
Apart from undang Apart from undangundang Nelaka which was undang Nelaka which was
contains some constitution rule, the traditional contains some constitution rule, the traditional
Nalay constitution were unwritten, being Nalay constitution were unwritten, being
customary in nature. customary in nature.
The Nalay constitution naturally different The Nalay constitution naturally different
between states. Such as Perak and Negeri between states. Such as Perak and Negeri
sembilan had different way in rules of sembilan had different way in rules of
succession. succession.
T/fore richness and diversity of Nalay adat T/fore richness and diversity of Nalay adat
(customary law) in its constitution aspect. (customary law) in its constitution aspect.
or earlier times we have evidence of the the or earlier times we have evidence of the the
Nalay law text such as Undang Nalay law text such as Undangundang Nelaka undang Nelaka
and 33 laws of Perak and 33 laws of Perak
!n modern sense, these texts do not !n modern sense, these texts do not
considered as constitutional law but often considered as constitutional law but often
regarded as literature rather than code of law. regarded as literature rather than code of law.
The Nalay law text are shot through with the The Nalay law text are shot through with the
notion that one's legal rights depends on ones notion that one's legal rights depends on ones
status, from Raja to slave status, from Raja to slave
Loyalty was owned to the Raja but Raja could Loyalty was owned to the Raja but Raja could
not shame his subject. not shame his subject.
The only prerogative enjoys by Raja were The only prerogative enjoys by Raja were
those of judicial nature. Raja acting as a final those of judicial nature. Raja acting as a final
court of appeal with the power of passing a court of appeal with the power of passing a
sentence of death as well as the right to grant sentence of death as well as the right to grant
honour, concession and revenue monopolies. honour, concession and revenue monopolies.
Raja also have right to demand unpaid labour Raja also have right to demand unpaid labour
from his subject. from his subject.
A chief resented the Raja's power and since A chief resented the Raja's power and since
the succession depended partly on their choice, the succession depended partly on their choice,
the tendency was for a weak rather than a the tendency was for a weak rather than a
strong Raja to emerge. strong Raja to emerge.
!n Perak, in mid 13th cent. An unpopular !n Perak, in mid 13th cent. An unpopular
candidate was passed over. candidate was passed over.
The actual political function of Raja were The actual political function of Raja were
confined to military and foreign affairs, even confined to military and foreign affairs, even
here Raja had to consult his chiefs and achieve here Raja had to consult his chiefs and achieve
a consensus before acting, otherwise his a consensus before acting, otherwise his
decision would not be implemented. decision would not be implemented.
Example: When several Chief of Perak refused Example: When several Chief of Perak refused
to sign the Pangkor engagement and its to sign the Pangkor engagement and its
legitimacy was doubtful. legitimacy was doubtful.
The entire legal and political structure was The entire legal and political structure was
based on status. based on status.
Actual legal content of the constitution rules Actual legal content of the constitution rules
concerning Raja are mainly ceremonial. concerning Raja are mainly ceremonial.
They give the Raja great dignity but little They give the Raja great dignity but little
power. power.
!n general, Nalay constitution traditions were !n general, Nalay constitution traditions were
influence by Hindu, Buddhist and latterly influence by Hindu, Buddhist and latterly
!slamic notions of the nature of royal power !slamic notions of the nature of royal power
and the manner if its exercise. and the manner if its exercise.
Constitutional development during Constitutional development during
colonial period colonial period
11 RES!DENT!AL SYSTEN RES!DENT!AL SYSTEN
British intervention British interventionConstant civil war, mass Constant civil war, mass
Chinese immigrant , rapid economy and social Chinese immigrant , rapid economy and social
changes. changes.
British policy was encouraging Chinese British policy was encouraging Chinese
immigrant immigrant economic and social progress. economic and social progress.
British constitutional policy was not in radical British constitutional policy was not in radical
transformation but in the minimization of transformation but in the minimization of
disturbance to the indigenous tradition of disturbance to the indigenous tradition of
government. government.
!t was important to enhance the authority of !t was important to enhance the authority of
the Ruler over the chiefs because this would in the Ruler over the chiefs because this would in
turn enhance the power of the resident. turn enhance the power of the resident.
Ex: The chief privileges of tax collection, an Ex: The chief privileges of tax collection, an
obstacle to modern fiscal planning had to be obstacle to modern fiscal planning had to be
removed. removed.
!nstruction given to resident has no clear !nstruction given to resident has no clear
statement of the resident duties. statement of the resident duties.
During colonial period, there was a state During colonial period, there was a state
council in each state. council in each state.
!t was a consultative body. !t was not !t was a consultative body. !t was not
generally a forum for the expression of generally a forum for the expression of
opposition. opposition.
There was no separation of power. There was no separation of power.
The state council also exercise an executive The state council also exercise an executive
and judicial power, acting as a final court of and judicial power, acting as a final court of
appeal. appeal.
Cradually, the power of S.C came to be Cradually, the power of S.C came to be
restricted by the secretary of states in London restricted by the secretary of states in London
and the governor of straits settlement. and the governor of straits settlement.
All the draft legislation went to the governor All the draft legislation went to the governor
before S.C. so that some crucial measures were before S.C. so that some crucial measures were
sometimes were not been discussed in the S.C sometimes were not been discussed in the S.C
at all. at all.
viewed as a preparation for the democracy, viewed as a preparation for the democracy,
S.C cannot be said to have been effective. S.C cannot be said to have been effective.
The emergence of modern The emergence of modern
constitution constitution
Nalayan Union Nalayan Union 1346 1346 it was a clear political it was a clear political
necessity to move from military administration to necessity to move from military administration to
some form of self some form of selfgovernment. government.
Although, had not become a great demand in Although, had not become a great demand in
1330's for independence in Nalaya but it was 1330's for independence in Nalaya but it was
proven that the colonial government was not proven that the colonial government was not
able to defend the country. able to defend the country.
1348 _ .O.N 1348 _ .O.N
13SS 13SS constitution conference in London constitution conference in London
suggested that an independent commission suggested that an independent commission
To be elected to draw a constitution for To be elected to draw a constitution for
Nalaya. Nalaya.
1363 1363 ormation of Nalaysia. ormation of Nalaysia.
!n Nalaysia. Constitution is the highest. !n Nalaysia. Constitution is the highest.
Different form Britain where parliament is the Different form Britain where parliament is the
highest. highest. there are no laws that cannot pass , there are no laws that cannot pass ,
amend or abolish by the parliament. amend or abolish by the parliament.
]udiciary has power to declare any law ]udiciary has power to declare any law
approved by parliament as invalid if the law approved by parliament as invalid if the law
approved is outside the authority of parliament approved is outside the authority of parliament
or oppose from what ever consists in Nalaysian or oppose from what ever consists in Nalaysian
constitution. constitution.
Constitution amendment Constitution amendment
Constitution amendment can be made by Constitution amendment can be made by
parliament. parliament.
3 ways to amend the constitution under 3 ways to amend the constitution under
parliament act. parliament act.
11 2/3 majority in the parliament with the 2/3 majority in the parliament with the
consent of the conference of rulers consent of the conference of rulers
22 2/3 majority parliament for certain cases 2/3 majority parliament for certain cases
that deal with Sabah and Sarawak with the that deal with Sabah and Sarawak with the
consent of Yang di Pertua . consent of Yang di Pertua .
33 2/3 majority without any approval or 2/3 majority without any approval or
consent from anybody outside the parliament consent from anybody outside the parliament
Federal constitution States constitution
Constitution
Federal
constitution
criteria
Malaysia as a Federation
Constitutional monarchy
Parliamentary democracy
Freedom oI religion &
Islam as an oIIicial religion
Sovereignty oI constitution
The Ireedom oI law
The separation oI power
National language, citizenship &
special rights