Dr. Hsu's forum

For the benefit of the fellow readers reading the blog of our Sdr Dr. Hsu, I would like to take this opportunity to explain the definition of the constitution from the academic point of view.

What is the constitution?

A constitution is a document which contains the rules for the operation of an organisation. The document may include the specifying of offices, the duties, powers and responsibilities which are attached to these positions, and the procedures which are to be followed in filling those positions.

Duchacek (1987, p142) was of the view that the constitutions “identify the sources, purposes, uses and restraints of public power”.

The limiting of governmental power is usually regarded as a major feature of a constitution. The concept of “constitutionalism”, which has been defined as ‘an institutionalised system of effective, regularised restraints upon governmental action’ (Friedrich 1963, p217), by its very name emphasises the point that the control of governmental power is an extremely important function of a constitution.

In short, a constitution is therefore a written supreme law of a country that regulate the operation of the government within the country. Any act of infringment, contrary or breach of the supreme law of the country would be declared as invalid by the court of law.

Therefore in theory, a constitution is the guarantee of the power and rights. Should a rights of an individual has been specifically written in the constitution, the rights will be guaranteed by the country.

“Therefore in theory…”
I see a link on http://www.gov.my that says “constitution”, that leads to a page that has a link that says “constitution” which in turn leads to a commercial site (with pay-per-click advertising) that says “404 Not Found”.
What does this say about the value of the constitution, in practice?

Dear Dr,

I refer to current Bintulu MP and also the CEO of Kuala Dimensi Sdn Bhd (KDSB),Datuk Seri Tiong King Sing, is it legal? as a member of parliament in Malaysia at the same time also holding another major position at a big company?

According to Faderal Constitution Artical 48(1) (c) subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if he holds an office of profit.

It is very obvious he has already breached the law and disqualify as an MP. Can anyone clalify about this matter?

Malaysian Studies Student