DEFINITION OF THE CONSTITUTION
The Constitution is the fundamental principles that determine how a country founded and ruled as enshrined in the laws , customs or regulations in common use.
The Constitution also concerned with how public decisions reached and power is distributed among government institutions , whether in the center or at the local level. The constitution also sets limits the authority of government and how the selection and appointment of a source pemerintahan.Perlembagaan the supreme law of the country to streamline government.
FORMULATION OF CONSTITUTIONAL HISTORY
Basis of the Federal Constitution is the Federal Constitution of Malaysia Malays.
Following the victory of the Alliance Party in federal elections in 1955 , Tunku Abdul Rahman was elected as the Chief Minister of the First .
Federal Constitution of Malaya is the first step towards self- government formed after Britainagreed to grant independence to Malaya in 1956 .
For the task of drafting the Constitution , the British Government has set up a working committee comprising representatives of the British Government's own advisers Rulers and party leaders .
In January 1956 , Tunku Abdul Rahman led a delegation to London to discuss the Constitution and negotiate the date for the country's independence.
In March 1956 a Constitutional Commission headed by Lord Reid was established to formulate and review the Federation of Malaya.
The Commission sought the views of political parties, non-political associations and individuals on the form of government and the people of this country. In the consultation process, a memorandum from the Alliance had gained prominence.
The memorandum, referred to as the Noble Alliance, a compromise agreement on mutual interest and agreement to respect the rights of others , the five main position of the Malay Rulers , Islam, the Malay language, the special position of the Malays and equal citizenship.
Constitution recognized the Reid Commission 's Executive Committee as the Federation of Malaya from the date of the nation's independence on August 31, 1957.
When Sabah and Sarawak joined the Federation of Malaya in 1963 , several provisions of the Federal Constitution was amended and the name of the country was changed to Malaysia.
ROLE OF THE CONSTITUTION
- Create a form of government that unfair
- Prevent the abuse of power by government
- Control the movement of the government and people
- As a tool for solve the problem
- Securing the nation history
- Ensuring peace and stability in the country
THE FORMS OF THE CONSTITUtion
- The Constitution is divided into two types, namely the written Constitution and the unwritten constitution
- Written constitution is the constitution of the collected and compiled in a document. Written constitution contains three major, namely:
- Strong and difficult to make changes unless there is a provision in the constitution is amended to allow it.
- Parliament has power to make laws on matters contained in the constitution, but Parliament should not make laws contrary to fundamental freedoms.
- The Court has the power to interpret the law and protect the constitution.
- Unwritten constitution, comprises all the constitutional principle of non-accumulating in a letter or document, such as an Act of Parliament and the decisions of the court. Malaysia adopted a written constitution, the Parliament got the power of the constitution.
*Supremacy of the constitution is the third principle of the Rukun Negara
* Upholding the majesty and supremacy of the constitution brmaksud law or constitution itself
* Supremacy of the Constitution can be seen on the supremacy of the constitution that led the President of the Malaysian King, the Parliament, the Cabinet of Ministers of court
* Means General President subject to the Constitution and the Parliament also gained control of the constitution.
* Supremacy can also be seen on the Malaysian Constitution which guarantees basic rights and freedoms of citizens. Every citizen has a fundamental right and freedom of association, religion and property.
* The law which contradicts the Constitution of Malaysia invalid. State law must be consistent with the Federal Constitution.
* State laws contrary to the Constitution void.
* Federal Constitution also provides power to the court membatalkam act passed out of the jurisdiction of Parliament.
* The court is empowered to determine the validity of each of law in order to ensure the supremacy of the Constitution and kertertinggian Malaysia.
The importance of the Constitution
Guarantee the stability of the country by defining the framework and design
administration.
Ensuring competence, honesty, fairness, transparency and smoothness
administration and governance of a state.
Being a guide to the government to reign meet
aspirations of the people.
Ensuring loyal citizens to the country.
Maintain the identity of the nation and the people of Malaysia for someone who
qualifications of other countries will be deprived of citizenship.
Ensuring the rights and freedoms of citizens. Every citizen has the right
rights and freedom of association, religion and property.
Article 153 provides for the role of the King in charge
and maintaining special rights and position of the Malays and natives
in Sarawak and Sabah.
Ensures cooperation, unity, justice and mutual interest
Federal and State Governments.
It is the main reference in the drafting of federal law and
state. State Constitution can not conflict with the Constitution
Malaysia.
To ensure that the special rights of the Malays and natives of Sarawak
and Sabah so as not to be questioned. This guarantees stipulated by the Constitution
Malaysia before Sarawak and Sabah joined the Federation of Malaysia again.
This will enable the Federal Government to use its powers in the list
education and health to develop Sarawak and Sabah.
The rapid development also occurred in education and health, post
and telecom, especially in rural areas.
Amendment of the Constitution:
i) The purpose of Amendment:
Protect the interests of the people.
Ensuring the security of the country.
Facilitation of business.
To be relevant and appropriate to the current needs.
Making the Constitution as the law of cause and
contents observed by the people willingly.
Prohibit sensitive issues openly questioned.
maintain security and multi-racial harmony
Country.
ii) Among the sensitive issues including the monarchy, Islam,
position of the Malay language and Malay special rights.
iii) Example Amendment
Parliament passed amendments to the Sedition Act 1970 which limits
an individual from arbitrary speak up
touch sensitive matter that may give rise to disputes
races.
Among the major changes that have been made, including the removal of immunity
(immunity) to His Majesty the King and the King who ruled the country from crime.
Rule Amendment of the Constitution:
1 Method One: Consent 2/3 majority of votes and the House of Parliament
consent of the Council of Rulers;
The role and powers of the Council of Rulers
Citizenship
Preference Agong and Raja Permaisuri Agong, the Rulers
and the Governor.
The special position of the Malays and natives of Sabah and Sarawak
Change the state border.
2 The second method: Consent of the majority of the two thirds majority of Parliament and Assembly
the approval of the Governor of Sarawak and Sabah.
Membership and jurisdiction of the High Court in Sabah and Sarawak
The right and power to resist the entry of the State of
not from Sarawak and Sabah (Immigration Act 1961)
The rule of law and state, religion, language and
special rights of the Malays and natives of Sabah and Sarawak
3 Third Method: Approval of two-thirds majority of Parliament House
The things that are not mentioned in any of the three methods of amendment.
4 The fourth method: Consent of votes Parliamentary Assembly
About citizenship, shape oath, affirmation, selection and retirement
members of the Senate and the electoral boundaries.
Article 74, the matters referred to in the Federal Register and List
Together. It can also be done by the Legislative Assembly for the
in the state list and the concurrent list provided by
constitution.
Article 76, Parliament may make laws state list
involving treaty, agreement or convention between the federal with any other country.
http://www.andrewchoo.edu.my/wp-content/uploads/2013/04/T5B7-Nota1.pdf
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