Malaysian Constitution

To view the full text of constitution of Malaysia pls click

http://en.wikisource.org/wiki/Constitution_of_Malaysia

11 Comments (+add yours?)

  1. Low Keing Hooi
    Nov 11, 2006 @ 14:12:55

    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.

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  2. hsudarren
    Nov 11, 2006 @ 14:19:16

    well said, Sdr Low

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  3. Sean
    Oct 15, 2008 @ 03:44:05

    “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?

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  4. parvin farokhzad
    Feb 02, 2009 @ 21:12:49

    Please send me full text of Malaysia constitution, I have a comparative study thank you very much

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  5. Allan
    Nov 08, 2009 @ 16:17:49

    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

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  6. Dr Hsu
    Nov 08, 2009 @ 16:59:15

    allan
    My understadning is that if you are just an MP or Adun, you are allowed to carry on with your professions.The MP and Adun get only an allowance and not salary, so they need to work theoretically like everyone else.. Dr Tan Chee Koon when he was an MP was still a medical practitioner, just citing an example.

    But if the MP or Adun is appointed to hold a salaried government office, like an Exco or Minister, he has to resign from all his other jobs or businesses..

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  7. ANAMUL
    Dec 29, 2009 @ 14:40:34

    This document very neceesary for me

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  8. goh boon fatt
    Jun 26, 2010 @ 21:29:35

    Dear Dr.Hsu to Mr. Low.

    What is the difference between the federal constitution and the malaysian constitution?

    The federal constitution was written for Malaya at that time. Do we still need the federal constitution now that we are Malaysia.

    Thank you.

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  9. Jess Holms
    Dec 14, 2010 @ 01:34:57

    I like this blog very much so much superb information.

    Like

  10. Albert Siow
    Jul 14, 2011 @ 19:40:05

    The first thing Bersih X.0 must do is to change the ballot slip marking ‘X’. Everywhere in the world and from young we are taught that ‘X’ means; wrong, incorrect, not wanted, damaged. This principle had been ingrained in the minds of everyone from illiterate to the well educated. The significance of the ‘X’ is so ingrained into our subconscious that to marked ‘X’ on something that we desire surely makes one cringe involuntary. Thus is it logical to mark an ‘X’ on the candidate that we want to represent the government? Even a child will tell you that it is wrong and incorrect.

    In a matured and developed country like Canada, practice of democratic principles are of the highest orders where political candidates do not resort to cheating and if they lose, they step down graciously.

    The ‘X’ is banned in the voting process in all federal, provincial and municipal elections. On the ballot slip, broken black arrows (the tail end of the arrow separated from the arrow head by parallel dotted lines) pointing towards each election candidate. All the voter need to do is to shade with a pencil on the broken space to complete the arrow that points to their chosen candidate.

    The rationale of using the arrow is obvious. Symbolically, the arrow is use to point to things that we desire and it couldn’t be any more wrong than that. No amount of mindset manipulation can coax even a mentally unsound person to thing otherwise.

    Malaysian Election Commission using the ‘X’ for voting is archaic. It doesn’t make sense to select a desired candidate with an ‘X’. Not only it disturbs our subconscious but to a mentally challenge person it could wire a wrong signal. That is clear evidence with many spoilt votes showing a ‘tick’ instead of an ‘X’. There are many complaints of BN representatives brain washing rural, uneducated and illiterate voters to mark ‘X’ on the party that they most hate ie. Barisan Nasional. Whether this is true or not, it is still a grave concern for abuses and room for manipulations.

    I am an X-Malaysian and is now a first class Canadian citizen. I was a Registration Officer for the last Canadian federal election in May 2, 2011.

    I have given up hope on the Malaysia today and decided to move on for a better future for my children and their children; just as my grand parents did braving the South China Sea to Malaysia giving me a better future. Though, I cannot add my vote with the coming GE, I would like to do whatever little I can to help my fellow Malaysian to bring some hope.

    Albert Siow

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  11. grkumar
    Apr 14, 2012 @ 12:06:01

    There are a few misguided statements in Dr. Low’s comments and definitions about a constitution. Firstly it is not necessarily a written document. In most cases the core of good constitutions including the Westminster Constitution is in fact unwritten or had remained unwritten for centuries. The central tenets of these constitutions were in a form often referred to as conventions. These being practices that are upheld by convention, custom or age old practice and recognized as being law.

    Constitutions are not necessarily the “supreme law” (a much borrowed and cliched statement) of the country. Constitutions can be challenged. The US constitution is one such example. The Supreme Court is able to challenge its validity in the face of the changing circumstances that a rapidly developed nation as the US has become accustomed to.

    Much depends on the structure of government and the courts and whats written and for what purpose those written articles of the constitution are designed by its authors to serve.

    Too many so called academics and lawyers in Malaysia are quick to attempt to impress by borrowing phrases such as “the supreme law of the land” which is a questionable statement in the context of constitutional discussions.

    The other tragic statement by this Dr. Low is the reference to being an X Malaysian and a first class Canadian citizen. The Canadian constitution does not discriminate on such grounds and has no class stratification of its citizenship at all. In fact if at all its discriminatory policies against its native Indians has compelled it to preferential treatment of the Indian nation to an extent the NEP would pale into insignificance.

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