Federal Constitution is considered as the supreme law in Malaysia. It is actually formed after the Constitution of the Federation of Malaya. The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of Malaysia today. It is drafted by Reid Commission that headed by Lord William Reid in order to formulate a constitution for the preparation of a fully self-governing and independent Federation of Malaya. (Malaysia History,2016) The Federal Constitution of Malaysia, which
Kelantan. Today’s Constitution of Malaysia clearly states that the separation of power between legislative, judiciary and executive. There are two sources of law in Malaysia which is written and unwritten law. The written law is the most vital source of law and it
The Malaysian legal system is a set of the regulation for people to follow. Otherwise, they will face penalties and punishment. The sources of law in Malaysia refer to the legal rules that make up the law in Malaysia. Due to the historical development in Malaysia, the periods have introduced constitutional government and the common law in Malaysia. Lin (2015) stated, Malaysian sources have brought by the colonization of British in Malaya. According to Law Teacher (2013), Malaysian Law is derived
Question 1 Discuss the concept of constitutional monarchy with reference to Malaysia i. Constitutional monarchy in general Constitutional monarchy can be described as a form of government in which a monarch acts as the head of state but functions within the parameters or guidelines of a written and/or unwritten constitution. Although the government may function officially in the monarch’s name, the monarch does not set public policies or choose the political leaders. Constitutional monarchy therefore
The laws of Malaysia are classified into two types which are written law and unwritten law. Written laws are laws which have been executed in the constitution or in legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. The written law refers to the laws contained in the Federal and State Constitutions, code or statute. The written laws are altered by English laws just as the Malaysian legal system contains many characteristics of the English
Kelantan. Today’s Constitution of Malaysia clearly states that the separation of power between legislative, judiciary and executive. There are two sources of law in Malaysia which is written and unwritten law. The written law is the most vital source of law and it
(Sharma, 2016). Every country have their own laws regarding to restrict freedom of speech. In Malaysia, there are 3 clauses regarding to freedom of speech. Subject to Clauses (2), (3) and (4) --- (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations ("FEDERAL CONSTITUTION", 2010). In the relevant Part of Article 10(2) (a) Parliament may restrict freedom of speech
cultural values to an ethnically heterogeneous one due to the acceptance of the Chinese and Indians as citizens of a new nation.(Husin 2012). The Malaysia government starts to introduce the National Cultural Policy in the year 1971 after the burst of few ethnic conflicts. In order to explain the changing of national cultural policy just to fit the nation in Malaysia, J.W.tollefson said: “National Culture is a way of constructing meaning which influences and organizes both our actions and our conceptions
INDEPENDENCE OF MALAYA Malaysia is a country located in Southeast Asia. Every 31st of August, Malaysians celebrate their independence day. Prior to achieving its independence, Malaysia had had been under foreign rule for 446 years (1511-1957), first by the Portuguese, then the Dutch, followed by the British, and finally the Japanese. Colonialists’ attempt to control the economy and politics of the country, the imposition of taxes, violation of local customs and practices, arrogance and compulsion
2.0 Malaysian Culture Malaysia is a multi-ethnic society. The main ethnic groups in Malaysia are the Malays as well as large populations of Chinese, and Indians. In addition to, the Sabah and Sarawak located at the north Borneo has a lot of indigenous ethnic groups for example like Kadazan, Iban, Bidayuh and etc. All of these ethnic groups contributed a multi-ethnic society in Malaysia. Besides that, the mixed of Malaysian society have a different culture there is a Malay culture, a Chinese culture
Islam. The world has seen democracy not work in a number of Muslim populated countries. However, the spotlight has not shined enough on country 's that have built and maintained a democratic political system in countries that are majority Muslim. Malaysia and Indonesia have been able to successfully incorporate Islam into their national identity and have a successful version of the democratic system in their countries. Pakistan provides a nice parallel as a country that explicitly announces itself
Political stability is a very important issue when it comes to tourism. Malaysia is a federal state with constitutional elective monarchy. Najib Razak is the current prime minister of Malaysia. Malaysia is ruled by the United Malays National Organization which represents the Muslim majority. In this country the Indians, Chinese communities live in harmony with the Muslim Malay majority. Malaysia is politically stable. Malaysia has been able to contain terrorism due to its strong stance against any
developed country. Judiciary is the primary institution to give maintenance of law and administration of justice. The judiciary is one of the most important organ of government in Malaysia which its main function is to interpret the law which passed by the legislative. It also playing an important role under constitution to ensure the constitutionalism of the land by the conduct of check and balance which uphold the concept of separation of power and rule of law. The judicial branch have power to
Apostasy and Article 11 of the Federal Constitution: Personal Choice or Third Party Confirmation? 1.0 Introduction “Those who want the government to regulate matters of the mind and spiritual are like men who are so afraid of being murdered that they commit suicide,” said Harry S. Truman. Religion or spiritual belief is a vast idea within the mind of every human being those who believes on his almighty Creator. Freedom of religion and conscience is the oldest version of internationally recognized
towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM
Human rights violations occur on a daily basis in Malaysia. Recently, according to the Associated Press in an article published in The Hindu, an estimated 25,000 protestors rallied on the streets of Kuala Lumpur, Malaysia, demanding electoral reforms prior to the next national polls (Associted Press, 2012). Police fired “tear gas and water laced with stinging chemicals” into the crowd of protestors as retaliation to violation of pre-set barriers by the protestors (Associted Press, 2012). However
practice their religious activities publicly as well. Malaysia 's constitution Article 11 provides that every person has the right to profess and to practice his or her religion and (subject to applicable laws restricting the propagation of other religions to Muslims) to propagate it. The Constitution also provides that Islam is the religion of the country but other religions may be practiced in peace and harmony (Article 3). One best thing about Malaysia is we have many holidays throughout the year. For
frontiers”. In Malaysia, freedom of expression is guaranteed under Article 10(1)(a) of Federal Constitution, however, it is restricted by clause 2 of article 10 and article 4(2)(b). This essential human right is distorted and restricted through different act including Printing Presses and Publications Act 1984, Official Secrets Act 1972, Sedition Act 1948 and others. Freedom of Press in Malaysia is associated with the existence of law governing the press. Several laws governing the press in Malaysia limits
The laws of Malaysia can be divided into two types of laws—written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation. Written law refers to the law embodied in then Federal and State Constitutions and in a code or a statue including subsidiary or delegated legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common law or case law. Unwritten laws are usually in
principle and authority given by the constitution. According to Roskin, Cord, Medeiras and Jones (1994), the task of government is to provide for the lives, stability, economic and social well-being of all its citizens. Both systems stress on the betterment of the society to ensure the citizens get their rights and to fulfil what society needs. Regarding to these purposes, government, either parliamentary or presidential have established policies, blueprint, and constitution in order to manage the affairs