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The Federal Constitution Of Malaysia

The Federal Constitution Of Malaysia

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Published by: Ariff Bashir on Feb 21, 2011
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The Federal Constitutional Framework and Communication Law Meaning of the term ³Constitution´ The term ³constitution´ is used

in two senses: y The body of legal and non-legal rules concerning the government of a state (original sense) y A single written document having a special legal status, which establishes the state, and sets out the structure and powers of the state (second sense) The term in both senses applies to the constitution in Malaysia. In contrast, when speaking of the British Constitution, only the original meaning is applicable. This is because the rules of the British Constitution are not written down in one single document having a special legal status, but are found in various sources. Thus, it is commonly said that the British Constitution is unwritten, whereas the constitutions in Malaysia are written. Malaysia Constitution As Malaysia is a federation of thirteen states, it is altogether fourteen constitutions: the Federal Constitution and thirteen State Constitutions. Johor was the first state to have a written constitution, granted in 1895 by Sultan Abu Bakar. Terengganu was granted a written constitution by Sultan Zainal Abidin III in 1911. Each of the other states in the peninsula, apart from Penang and Melaka, was given one under the terms of the respective State Agreements concluded between the United Kingdom and the Malay Rulers (Sultan) just before the conclusion of the Federation of Malaya Agreement (FMA) in 1948. Penang and Melaka received theirs under the Federation of Malaya Agreement (FMA) 1957. Sabah and Sarawak were each given a new constitution under the Malaya Agreement 1963. Each State Constitution is required under Article 71(4) of the Federal Constitution to contain the so-called µessential provisions¶ set out in the Eighth Schedule so that it is harmoniously integrated with the Federal Constitution. If a State Constitution does not contain these provisions or provisions substantially the same, Parliament may legislate to give effects to the prescribed provisions. Thus, is ensured not only compliance of State Constitutions with the Federal Constitution, but also uniformity in the State Constitutions concerning the structure of government.

Its evolution (and departure) from the original is. . and traditional Malay elements. These sources are commonly known as model of the constitutional framework that applied in the Malaysian constitutional framework.Historical Background The Federal Constitution embodies British and Indian constitutional concepts. Indian Model:  Written & Supreme constitution  Vested with extensive constitutional power to restrict fundamental rights permitted by the basic charter From these three model of constitution that altered and adapted to form the constitutional framework of Malaysia. unlike the latter. They are: 1. uniquely Malaysians. however. Though largely based on the Indian Constitution. British Model:  Unwritten constitution  Supreme Parliament  Unlimited legislative  Unhindered by judicial review 2. the Malaysian Constitution is not a document hammered out by a constitutional assembly comprising representatives of the people. It developed from an earlier constitution drafted by a commission of foreign experts in constitutional law. The Constitutional Framework in Malaysia The framework of the Federal Constitution of Malaysia is adapted from three sources of the constitutional framework. United States of America Model:  Written constitution  Limited legislature  Entrenched chapter: fundamentals freedoms by the court 3.

It provides limitations on above activities and prescribes strong penalties. these protection or restriction or limitation for the freedom of speech and expression are provided in Article 10(2) (a). and importation of publications from abroad. Besides the freedom of speech and expression that provided in Article 10(1).The Constitutional Framework and its relation to the Communication Law As we know that in Malaysia the supreme law of the federation is the Federal Constitution. The most popular topic in the Communication Law discussion is about the freedom of speech and expression and the printing and publishing matters. but indeed it is not a fully unprotected freedom of speech that allows somebody to make any statement freely. Here we know that in Malaysia. there are several act that provided about the printing and publishing matters which known as Printing. the Communication Law that provides under the Federal Constitution of Malaysia is not restricted for the media and human right especially in about a freedom of speech and expression matter. the production reproduction and distribution of publication. In Malaysia. The Communication Law also is subject to the supremacy of the Federal Constitution where any law that inconsistent with the Federal Constitution may be invalid. including jail sentences. Any law inconsistent with the Federal Constitution may be challenged in court. But these protection and limitation is enforce to make sure that the people in Malaysia . In the Federal Constitution. The supremacy of the Federal Constitution is set out in Articles 4(1) and 162(6) and section 73 of the Malaysia Act 1963. a kind of µhigher law¶ which is used as a yardstick with which to measure the validity of all other laws. 149 and 150. Here the Federal Constitutional provided several protection for the any specific and sensitive issue in Malaysia. presses and publication. all institutions created by the Federal Constitution and deriving theirs powers from it are subject to its provisions. it is clear that the right of the freedom of speech is provided in Malaysia under Article 10(1). The most popular topic that related in the communication law also is about a freedom of printing. The Printing Presses and Publication Act 1984 seeks to regulate the use of printing presses. In short. here it is known as a ³fourteen grounds´ as there are fourteen issues that cannot be freely to discuss. complain or subject to these issue. 10(4). Presses and Publication Act 1984. It is the fundamental law of the kind. there are several restrictions that protect or specially control the freedom of speech and expression in our country. the printing.

International Law Books Services. Lee Mei Pheng.is live together with harmony and unite as a Malaysian citizen. µAn Introduction to the Malaysian Legal System¶. 2007 Noor Aziah Mohd Awal. µGeneral Principles of Malaysia Law¶. Kuala Lumpur. It is because we know that our beloved country Malaysia is the most unique country in the world in respect about the various race in Malaysia but live together without any serious cases about racial tension problem. So it is clear that any law under the Federal Constitution of Malaysia is not against the right of media and the human right vice versa. 2003. Oxford Fajar Sdn Bhd. 5th edition. Kuala Lumpur. Oxford Fajar Sdn Bhd. µPengenalan Kepada Sistem Perundangan Di Malaysia¶.2004 . Prepared by: Muhammad Ariff Bashiruddin Hj Muhd Rusli 1091345 Bachelor of Communication Faculty of Leadership and Management University of Islamic Science of Malaysia Reference: Wan Arfah Hamzah and Ramy Bulan. Kuala Lumpur.

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