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Constitution of Malaysia

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Date added: 17-09-20


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CONSTITUTION OF MALAYSIA DEFINITIONS • K. Ramanathan: prinsip-prinsip asas yang mengasaskan sesebuah negara, memastikan bagaimanakah sesuatu keputusan kerajaan itu akan dibuat, bagaimana kuasa akan diagih-agihkan antara institusi-institusi kerajaan, menetapkan satu kewibawaan ideal sesebuah negara itu dan memperkenalkan satu sistem pemerintahan seperti termaktub sama ada dalam undangundang, adat mahupun Majlis Piagam Perjanjian”. Malaysian Constitution consists of 3 list • a. Federal List • b. State List • c. Federal and State List M ai n p r o vi s i o n i n t h e con st i t u t i o n L an g u ag e R el i g i o n ci t i z en sh i p sp eci a l p r i v i l e d g es p er s on al l i b er t i e s Malay Language • In the Malaysian Constitution the provision for the Malay Language as the national language is recorded under Article 152, Section XII which underlines that: 2. The national language decided upon is the Malay Language. 3. Nobody will be prohibited or hindered from using, teaching or learning another language. 4. The government has the right to maintain the use and learning of the language of any other community in the Federation. The Special Position of the Malays • The Malaysian Constitution has a special provision under Article 153 that protects the special rights of the Malays and the Bumiputras of Sabah and Sarawak. The provision involves the special reservation for Malays and Bumiputras of quotas for; 2. Scholarships 3. Posts in the public service 4. Business and 5. Industrial licenses Religion • Religion is provided for in Part 1, Chapter 3 of the Malaysian Constitution. The Constitution clarifies that; 2. Islam is the official religion of the federation, but other religions are allowed to be practised in peace and harmony in any part of the Federation. Article 1) 3. In states that have a ruler or sultan as head of state, the sultan or ruler is the head of Islam in the state concerned (Article 2). 4. For states without a sultan or ruler (Sabah, Sarawak, Malacca and Penang Island) and the Federal Territories (Kuala Lumpur, Labuan, Putrajaya) the head of Islam is the Yang Dipertuan Agong. (Article 3). Personal Liberty • Citizenship is a special status held by the people who have the right to be in a country. This status gives rights, benefits and certain facilities. Some of the special rights a citizen obtains are: 2. The right to vote in an election 3. The right to take an active part in politics including contesting for an election seat. 4. The right to fill a post that is exclusively for citizens only. 5. Free to own landed property and to be considered for special terms relating to property development. 6. The right to receive a number of benefits and facilities in the country including, welfare benefits, education and so on. 7. Freedom of movement throughout the country. 8. The right not to be exiled Citizenship (ways of acquiring citizenship) A person can obtain citizenship status in Malaysia based on: • Operation by law • Registration • Jus Sainguinis • Naturalisation Operation by law • The mother or father is a citizen at the time of his birth. • At the same of his birth, the mother or the father has been residing in the country or • At the time of his birth he was not a citizen of any country. Registration • If the husband is a citizen in October 1962 or prior to that, and the marriage is still binding or • The foreign women has lived in the Federation for two years before the application is made, has the intention to continue living in the Federation and is off good conduct. Jus Sanguinis • His own father was born in Malaysia or • His father holds a post in the Public Service at the Federal or State level or • His birth was registered at the office of a Malaysian Consulate or with the Malaysian government within one year after his birth. Naturalization • Aged 21 and above, and • Have lived in the Federation for at least 10 out of 12 years from and up to the date of application, and • Have the intention to live permanently in the country, and • Of good conduct, and • Have sufficient knowledge of the Malay language Loss of Citizenship Status • He has become the citizen of another country. He is enjoying all the rights and facilities in another country • A women becomes the citizen of a foreign country through marriage with a man from the country concerned. • Acts negatively showing he is no longer loyal to Malaysia. • Has business or ties with a hostile country. GROUP DISCUSSION • Some are of the opinion that the constitution need not be amended because it is a document that is serious and has been carefully thought out during its drafting. What do you think? Give reasons for your views. • What do you understand by the concept “Supremacy of the Constitution”? Explain the supreme features of the Malaysian Constitution. • What do you mean personal liberty? Refer to the Constitution of the Federation of Malaysia and the practice of Parliamentary democracy in Malaysia, discuss the allowances and the limits of the freedom under discussion. References • • Hasnah Hussiin, Mardiana Nordin (ed), Pengajian Malaysia, Fajar Bakti Sdn. Bhd. , Kuala Lumpur, 2000. Tun Mohamed Suffian Bin Hashim, Mengenal Perlembagaan Malaysia, Dewan Bahasa dan Pustaka, Kuala Lumpur, 1987. Perlembagaan Malaysia.
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