01 - What Is The Fed Constitution
01 - What Is The Fed Constitution
01 - What Is The Fed Constitution
5. You are Buddhist, your neighbour is Muslim, your you can go to your Member of Parliament and ask 2. What happens if someone does not obey the Firstly, Members of Parliament are elected by Malaysian
MyConstitution Campaign or follow it on: best friend is Sikh and your colleague is Christian. him or her to object or to propose an amendment to citizens like you and me. If a proposed amendment to
Constitution?
Under Article 11 of the Constitution, each of you the Budget in Parliament. the Constitution is not popular among Malaysians, then
•www.perlembagaanku.com the Members of Parliament are unlikely to vote for it,
has a right to profess and practise your respective The Constitution generally grants powers, imposes
•www.malaysianbar.org.my/
religions. 9. You have been arrested by the police and brought obligations and defines roles. If a person or institution otherwise they may not be elected again into Parliament
constitutional_law_committee
to a police station. You tell the police that you want at the next general elections. If you are unhappy with
•www.facebook.com/MyConstitution does not act within the power or role granted to them,
•www.twitter.com/MyConsti 6. There are plans to build a new highway in your a lawyer to represent you. The police must allow it means that their acts are unconstitutional and void. any proposed amendment to the Constitution, you can
•www.youtube.com/user/PerlembagaanKu housing area and the government has served you access to your lawyer as Article 5(3) of the go to your Member of Parliament or to any Member of
you with a notice to compulsorily acquire your Constitution states that you have a right to legal 3. What happens if people disagree on what a Parliament and voice your concerns.
land. Article 13(1) of the Constitution states that representation. particular provision in the Constitution means? Who
We can be reached at: no person shall be deprived of property “save in Secondly, all Members of Parliament take an oath
decides?
accordance with law”. Therefore, the government 10. You have the right to learn, speak and use that they shall “preserve, protect and defend” the
Constitutional Law Committee other languages even though Article 152(1) of the Constitution. Some people argue that because of this
can acquire your land but it must do so in The courts have power to determine all issues in respect
Bar Council Secretariat
accordance with the law. This includes giving you Constitution says that the Malay language is the of the interpretation of the Constitution. Once the oath, Members of Parliament should not amend the
No. 13, 15 & 17
sufficient notice and compensating you. official language of the country. most important and necessary parts of the Constitution.
Leboh Pasar Besar Federal Court decides on what a particular provision
50050 Kuala Lumpur means, it is binding on everyone unless it is overtaken
7. Pahang has just won the Malaysia Cup. To by a subsequent Federal Court decision. 6.Where can I get a copy of the Constitution?
t: 03.2031.3003 celebrate the victory, the Pahang State Government
f: 03.2026.1313 declares tomorrow a State holiday in Pahang. You Over time, the Federal Court’s interpretation of the You can buy a copy at most major booksellers. A copy
Frequently Asked Questions
e: [email protected] live in Perlis but are a big fan of the Pahang football can also be found on our website:
about the Constitution Constitution may change to take into account changing
team. You too want to be on holiday tomorrow circumstances.
to celebrate. Unfortunately, you cannot force the www.perlembagaanku.com
Perlis State Government to declare tomorrow a 4. Can the Constitution be amended?
holiday in Perlis because each State Government
has the right to declare its own state holidays. Yes, it can. In fact our Constitution has been amended
1. Do I have to obey the
several times. What’s Next?
Constitution?
[But you can pack up your belongings and move to
live in Pahang! Please see paragraph 2 above.] Yes, everyone has to. That Article 159 of the Constitution says that in general,
includes you, your Members of the Constitution may be amended if the Bill (i.e. the
8. You pay taxes every year. In order to use the Parliament, judges, government proposal for the amendment) is passed by not less than
money that you pay, the Federal Government officials, the police force, companies and associations.
must prepare a Budget every year and present it to
two thirds of the members of the Dewan Rakyat and the
Learn about your The Rakyat Guides
Dewan Negara.
Parliament to explain how it is going to spend the In fact, the Prime Minister, the Cabinet, Members Constitution in our other
money. Before the Federal Government can use the of Parliament, judges and even the Yang di-Pertuan
Agong take oaths that they will obey the Constitution.
5. Parliament seems to have so much power to amend
Rakyat Guides on the
Constitutional institutions, Federal-State relations, the
1. What is the
Bar Council
MyConstitution
money, Parliament must “pass” the Budget. If you
are not happy with how the Federal Government
Even you take an oath to obey the Constitution every
the Constitution. How can we ensure that the power
is not abused?
Rakyat, the Executive, the Parliament, the Judiciary,
Elections and more!
Federal Constitution?
Constitutional Law Committee proposes to spend your tax monies in its Budget, time you recite the Rukunegara.
Part IV: The Federation Part VIII: Elections Part XI: Special Powers Against Subversion, Organised
Introduction What is in the Constitution?
Violence, and Acts and Crimes Prejudicial to the Public How does the Constitution affect us?
The Federal Constitution of This Part sets up our government. Part VIII sets out our right as citizens to vote for our and Emergency Powers
Malaysia (“Constitution”) is The Constitution consists of
leaders.
the most important document 16 Parts. The Supreme Head of the Federation is the Yang di- Parliament has the power to make laws that may go
Pertuan Agong. The Yang di-Pertuan Agong is elected against other rights in the Constitution during an
in our country because it The body in charge of conducting all elections and 1. In the 2008 General Elections,
Part I: The States, Religion by the Conference of Rulers and his term is for five emergency or for reasons of public safety.
determines what kind of years. preparing the “electoral roll” (i.e. the list of voters) for you voted to elect your Member
country we live in. and Law of the Federation of Parliament and your State
elections is called the “Election Commission”. Part XII: General and Miscellaneous
The Conference of Rulers is made up of all the Rulers Legislative Assemblyperson. Article
{{ It sets up our democratic system Our country is a federation of thirteen states and three of the States and the Governors of the States without 119(1) of the Constitution says you
The Election Commission is appointed by the Yang di- The national language is the Malay language.
{{ It limits the power of government federal territories. Rulers. are entitled to vote if (a) you are a citizen of Malaysia
Pertuan Agong and should enjoy public confidence.
{{ It sets out our rights The Yang di-Pertuan Agong is responsible for: (b) you have attained 21 years of age and (c) you are
Islam is recognised as the religion of the Federation, but Part IV also establishes the Cabinet and the office of
Part IX: The Judiciary registered in the electoral roll. You cannot vote if, for
other religions may be practised in peace and harmony. Prime Minister.
The Constitution is the supreme law of the land. This {{ protecting the special position of Malays and the example, you are serving a prison sentence or have been
means the Constitution says who can make laws, and It establishes Parliament, which consists of the Yang di- natives of Sabah and Sarawak. detained as a person of unsound mind.
The Constitution is the supreme law of the Federation. Part IX establishes the court system in Malaysia and
limits the kinds of laws that can be made. Pertuan Agong and two Houses of Parliament known as {{ protecting the legitimate interests of other
Any law that goes against the Constitution is void. sets out what matters can and cannot be decided by communities.
the House of Representatives (Dewan Rakyat) and the 2. You live in Penang and have decided to visit your
the Malaysian courts.
Senate (Dewan Negara). relatives in Negri Sembilan. You can drive to Negri
Part II: Fundamental Liberties This Part also sets out how amendments can be made
Why should you know what the Sembilan on the North-South Expressway (passing
Part V: The States Part IX also sets out how judges of the High Court, Court to the Constitution.
Constitution says? through Kedah, Perak, Selangor and the Federal Territory
This Part sets out our fundamental liberties and rights: of Appeal and Federal Court are to be appointed.
Part XIIA: Additional Protections for States of Sabah of Kuala Lumpur) without a passport or any form of
Each State has its own constitution and its own law
making body called the State Legislative Assembly. The and Sarawak authorisation. Later, you decide to move to Kuala Lumpur
{{ the right to life and liberty Part X: The Public Services
State Legislative Assemblies have the power to make and work there. You can do all these things because
Our way of life and how we are {{ freedom from slavery and forced labour Article 9(2) of the Constitution says that in general, every
certain laws. There are special provisions for Sabah and Sarawak,
governed is determined by the {{ equality before the law This Part identifies the public service of Malaysia which
for example, for the reservation of native land for the citizen has the right to move freely throughout Malaysia
Constitution. For example: {{ freedom of movement The Ruler of each State has rights and privileges. includes: indigenous people of Sabah and Sarawak. and to reside in any part of it. However, there are certain
{{ freedom of speech, assembly and association exceptions in relation to Sabah and Sarawak.
{{ We are Malaysian citizens {{ freedom of religion Part VI: Relations between the Federation and the {{ the police force Part XIII: Temporary and Transitional Provisions
{{ rights to education States {{ the armed forces
because the Constitution says so 3. You and your husband are Malaysian citizens but you
{{ rights to property {{ the education service This Part explains how the laws before Independence gave birth to your son in Indonesia. Under Article 14 of
{{ We can vote for our leaders This Part sets out the distribution of powers between are still in force until Parliament makes new laws to
the Federation and the States. the Constitution, your son is automatically a Malaysian
because the Constitution says so Part III: Citizenship replace them.
citizen because he was born to a Malaysian father.
{{ We have a Parliament that makes laws because the This means that there are certain matters that the It also includes public servants such as those who work
A person can become a Malaysian citizen by: Part XIV: Saving for Rulers’ Sovereignty, etc. & Part
Constitution says so Federal Parliament can make laws on, certain matters for ministries and Federal and State Governments. 4. You live in Kuching. You think Kuching is the greatest
XV: Proceedings against the Yang di-Pertuan Agong
that the State Legislative Assemblies can make laws on, and the Rulers city in Malaysia. You think it is the nicest place to live in,
{{ We have courts and judges because the Constitution
{{ being born here and certain matters that both of them can make laws The appointment, promotion and dismissal of members has the friendliest people and the cleanest river in all of
says so {{ by being married to a Malaysian man or having a on. of the public service are performed by “Commissions”, The sovereignty, powers, prerogatives and jurisdiction Malaysia. You think Kuching should be the federal capital
{{ We have a Federal Government and thirteen State Malaysian parent and members of the Commissions are mainly appointed of the Rulers are preserved in Part XIV. of Malaysia. Unfortunately, the Constitution states that
{{ living lawfully in the country for a long enough time Part VII: Financial Provisions
Governments because the Constitution says so by the Yang di-Pertuan Agong. Kuala Lumpur is the federal capital of Malaysia “until
{{ We are guaranteed certain fundamental rights Part VII says that the government cannot impose taxes Under Part XV, proceedings by or against the Yang di- Parliament otherwise determines”. If you want Kuching
Part III also tells us how we can stop being citizens and or spend money unless authorised by law. Part X also establishes the office of Attorney General. Pertuan Agong or the Ruler of a State in his personal to be the federal capital of Malaysia, you will have to
because the Constitution says so how we can lose citizenship. capacity must be brought before the “Special Court”. lobby Parliament to make the change.