History of the malaysian constitution essay

Constitution of Malaysia

On 26 Septemberhe received a notice of cancellation of his employment pass under the Immigration Regulations Through all the changes, the Constitution has endured and adapted. The executive has introduced numerous provisions that removed constitutionally protected rights and its checks and balances.

The Islam in Malaysia was influenced by previous religions and was originally not orthodox.

Constitutional history of Malaysia

Emergency ordinances have the same force as an Act of Parliament and they remain effective until they are revoked by the Yang di-Pertuan Agong or annulled by Parliament Art. In respect of religion, Article 12 provides that i every religious group has the right to establish and maintain institutions for the education of children in its own religion, and ii no person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own and that for this purpose the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

Wars with the Javanese caused it to request assistance from China, and wars with Indian states are also suspected.

In relation to the special position of bumiputras, Article requires the King, acting on Cabinet advice, to exercise his functions under the Constitution and federal law: Such Acts remain constitutional even if they provide for detention without trial.

The Ruler appoints as the head of the Executive Council the Menteri Besar or Chief Minister a person whom he believes is likely to command the confidence of the majority of the Assembly. They also cannot be charged in a court of law in their official capacities as a Ruler.

The government has passed a number of laws that has restricted constitutionally protected fundamental rights.

History of Malaysia

A person who is unlawfully detained may be released by the High Court right of habeas corpus. Significantly, the Parliament has amended the constitution to reduce the power of the judiciary to provide checks and balances to the executive and legislature.

This is arguably its most striking feature3. The only except is where the law passed by Parliament relates to land law such as the registration of land titles and compulsory acquisition of land and local government Article Note however that notwithstanding this Article, the Government is required, under Articleto implement affirmative action programs such as the reservation of places in tertiary educational institutions for the benefit of Malays and natives of Sabah and Sarawak.

Even now, they are not used to the idea of being guardians of the written constitution. There is no equivalent definition for natives of Sabah which for the purposes of the Constitution are "a race indigenous to Sabah" see clause 6 of Article A.

The Malay Rulers can be charged on any personal wrongdoing, outside of their role and duties as a Ruler. Its replacement the Security Offences Special Measures Act no longer allows for detention without trial but provides the police, in relation to security offences, with a number of special investigative and other powers such as the power to arrest suspects for an extended period of 28 days section 4 of the Actintercept communications section 6and monitor suspects using electronic monitoring devices section 7.

Constitutional history of Malaysia

Article in detail Special position of bumiputras: Therefore, this policy will remove the discontentment. After the fall of Malacca to Portugal, the Johor Sultanate and the Sultanate of Aceh on northern Sumatra moved to fill the power vacuum left behind.

History of the Malaysian Constitution The Reid Commission, created inwas responsible in recommending and drafting features of the constitution. After the fall of Malacca, the Sultanate of Brunei became the major centre of Islam.

The ancient Indian text Vayu Purana also mentioned a place named Malayadvipa where gold mines may be found, and this term has been proposed to mean possibly Sumatra and the Malay Peninsula. Prehistorically, the Niah Caves were surrounded by a combination of closed forests with bush, parkland, swamps, and rivers.

In the United Kingdom, the constitutional convention doctrine was developed over a period of centuries. The Constitution was thus narrowly ratified in Massachusetts, followed by Maryland and South Carolina. Article 2 of the Constitution of Malaysia defines various terms used in the Constitution, including "Malay," which is used in Article Its chairman must be a person who is a current or former judge of the High Court, Court of Appeal or the Federal Court or its predecessor or is qualified to be such a judge.For example, the US Constitution has less than five thousand words whereas the Malaysian Constitution with its many schedules contains more than 60, words, making it more than 12 times longer than the US constitution.

The reason why the Malaysian Constitution exists is to ensure political stability, preventing abuse of power, to ensure equality to the people of the country, maintaining the fundamental rights of freedom as a democractic country, and to maintain special rights for the indigenous communities.

An Essay on the Constitutional History of Malaysia. An Essay on the Constitutional History of Malaysia [] 3 CLJ xiv (July) (PART 1) by Y.A.

Tuan Mohd.4/4(5). History of the Malaysian Constitution Essay The foundation of the Constitution of Malaysia was laid on 10 September It began with the first meeting of the Council of State in Perak, where the British first started to assert their influence in the Malay states.

Constitution of Malaysia

Malaysian Practices of Parliamentary Democracies Malaysia practises Parliamentary Democracy with Constitutional Monarchy and His Royal Highness is the Paramount Ruler.

The Federal Constitution was legislated with the setting up of conditions for this system to exist. Below is an essay on "Constitution of Malaysia" from Anti Essays, your source for research papers, essays, and term paper examples.


History of the malaysian constitution essay
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