INTRODUCTION TO

CONSTITUTIONAL AND
CRIMINAL LAW

LSC0154

WEEK 1:
CONSTITUTIONAL LAW

Department of Legal
Studies
Sem 3 (20/21)
Definition of
Constitution
 A document which
The system of rules
sets out the
governing the
distribution of
A constitution organization and
powers between,
comprises a body of functions of the
and the principal
rules regulating the principal organs of
functions of, state’s
way in which an the state; and their
organs of
institution or relationship with
government. It
organization each other and
includes a list of
operates. with the individual
rights which people
member of the
living in the state
state (citizens)
enjoy.
Constitutional law falls under the classification of
public law.

Public law refers to laws that regulate the

relationship between the State and an individual.

There are 3 main types of public law:

Constitutional law
Administrative law
Criminal law
 Public law deals with the
powers and obligations of the
State.

In addition, public law refers

to the state’s special powers to
run the country. ‘Powers’ here
refer to state’s special powers
to make, enforce, implement,
apply, repeal and amend law.
It does not concern with the
legal relationship between
individual or people
themselves.
 Definition of a State
Art.1 of the Montevideo
Convention on Rights and Duties
of States 1933 defines states as
having these criteria:
1. A permanent population
2. A defined territory
3. Organized government
4. Capacity to enter into a
relation with other states
(recognition)
The Montevideo Convention on the
Rights and Duties of States is a treaty
signed at Montevideo, Uruguay on
December 26, 1933, during the Seventh
International Conference of American
States. The Convention codifies the
declarative theory of statehood as
accepted as part of customary
international law.
 What amount to an organized government?
Legislative functions include
the enactment of new law
and the repeal or
amendment of existing law.
Traditionally an organized
government has been
recognized as comprising
three key functions:
Judicial functions involve
the determination of
Executive functions include
disputes between subjects
the making of policy and
and other subjects and
the conduct of government
between subjects and the
according to law.
state in accordance with the
law.
Functions of
Constitution
1. To establish the organs of the government
 Legislature

• The highest legislative authority in the United

Kingdom made up of the House of Commons,
House of Lords and the Queen (who is the UK's
current hereditary monarch). The Queen plays
a constitutional role in opening and dissolving
Parliament and approving Bills before they
become law.

• In the USA, their legislative body is referred to as

the Congress. It consists the House of
Representative and the Senate.

• In Malaysia, the Parliament is the highest

legislative body. It consists of the YDPA as the
Head of State, Dewan Negara (The Senate) and
Dewan Rakyat (The House of Representative).
 Executive

• It consists of the government of

the day ie. the Prime Minister
and other cabinet ministers.

• It also includes a wide range of

executive agencies such as local
authorities, the police force,
fire and rescue departments,
health authorities, tribunals
and other public corporations.
 Judiciary

• It consists of the judges sitting

in the court of law and also
other bodies which under
specific provisions of law which
are given judicial functions
such as tribunals.

• In the UK, the highest court is

called Supreme Court whereas
in Malaysia, the Federal Court
is the apex court or the final
court of appeal.
2. To detail the
allocation of
powers between
those organs of
government
3. To provide the resolution of disputes
regarding the interpretation of the
constitution

• This function of a constitution is closely

related to the concept of constitutional
supremacy. As constitution is deemed as
the highest law of the land, any disputes
regarding the interpretation of the
provisions in it shall be resolved
according to the provisions listed down
in the Constitution itself.

• For example, Art. 128(2) of the Federal

Constitution contains the referral
jurisdiction of the Federal Court to
determine constitutional question
referred to it by other court.
 4. To provide for the
amendment of the
constitution whenever it
is appropriate

Similarly, any
amendment regarding
constitutional law must
be made strictly following
special procedures and
the procedures.
5. To detail the fundamental rights and
duties of its citizens

• Fundamental human rights of citizens

are enshrined in the constitution.

• For example, Part II of the Federal

Constitution sets out the Fundamental
Liberties that are guaranteed and
enjoyed by the citizens.
6. To specify protection afforded to those
rights

• The constitution also provides safeguards

to the enforcement of those fundamental
rights.

• For example, the Art. 4 of the Federal

Constitution provides that any law that is
in consistent with the provisions of the
constitution may be challenged in court.

• Any law that affect the fundamental

rights of the citizen must be read subject to
the provisions in the Federal Constitution.