FEDERAL CONSTITUTION AS A SOURCE OF LAW
FEDERAL
CONSTITUTION AS A SOURCE OF LAW
1. INTRODUCTION
1.1 Meaning of the term
The
term ‘constitution’ is used in two senses:
a. The body of legal and non-legal rules concerning the
government of a state (original sense)
b. A single written document having special legal status,
which establishes the state, and sets out the structure and powers of the state
(second sense)
In
Malaysia the terms of constitution refers to the both senses, however, British
Constitution refers to the original sense only. This is because British
Constitution is not written down in one single document but the rules are found
in various sources. Therefore, we could say that British Constitution is
unwritten and Federal Constitution of Malaysia is written.
A written constitution is distinguished with a unwritten constitution by
the fact that it is codified, written and embodied in a single set of document
or a series of document containing the fundamental rules of the state, whereas
a unwritten constitution does not mean that it does not have the fundamental
rules of a state, but it is not embodied or codified in a document that
expressly stated or gives the fundamental rules and rights of the people.
1.2 The Formation of Government
The
Federal Constitution states the basic features of government, Article 1
establishes the nation as a federation with the name “Malaysia”.
The states of the
Federation shall be Johor, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang,
Penang, Perlis, Sabah, Sarawak, Selangor and Terengganu. The territory of the state
of Selangor shall exclude the Federal Territory of Kuala Lumpur and the Federal
Territory of Putrajaya. The territory of the state of Sabah shall exclude the
Federal Territory of Labuan. Article 2 concerns admission of new states into
the Federation.
1.3 Federal Goverment
The
Federal Constitution in its original form was conceived as a federation with a
central bias and the Constitutional Commission went about its work on that
basis. It was asked to recommend provisions for establishment of a strong
central government with the States and Settlements enjoying a measure of
autonomy.
To
build a strong united nation in a federal system, equality among states is a
desirable goal. The Constitution is successful in realizing the equality and to
maintain separation of power between states and federal government
1.4 Key Elements of Constitution
a. Supremacy of Constitution – Constitution is the
supreme law and any laws passed which are inconsistent with Constitution is
void.
b. Constitutional Monarchy – Yang DiPertuan Agong is the
head of the Nation but subject however powers given by the constitution
c. Doctrine Separation of powers – there are three
branches of government: legislative, executive and judiciary.
FEDERAL CONSTITUTION AS A SOURCE OF LAW
Reviewed by Kamaruddin Mahmood
on
9:35:00 PTG
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