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Basic Features of The Federal Constitution
Basic Features of The Federal Constitution
"The Federation of Malaya came into being on Merdeka Day, that is 31st
August 1957. Thenceforward the Constitution was the supreme law of the
Federation (Article 4)".
2. FEDERAL SYSTEM
3. FUNDAMENTAL RIGHTS
Articles 5-13 and elsewhere, protects a large number of political, civil, cultural
and economic rights. It seeks to protect fundamental freedoms and to reconcile
the irreconcilable conflict between the might of the state and the rights of the
citizens. The headings of the provisions in question are:
Art. 5: Liberty of the Person - Art. 5(1) reads "No person shall be deprived
of his life or personal liberty save in accordance with law".
Art. 6: Slavery and Forced Labour Prohibited - Art. 6(2) reads "All forms of
forced labour are prohibited, but Parliament may by law provide for
compulsory service for national purposes".
Art. 7: Protection Against Retrospective Criminal Laws and Repeated
Trials - Art. 7(2) reads "A person who has been acquitted or convicted of
an offence shall not be tried again form the same offence..."
Art. 8: Equality - Art. 8(1) reads "All persons are equal before the law and
entitled to the equal protection of the law".
Art. 9: Prohibition of Banishment and Freedom of Movement - Art. 9(1)
reads "No citizen shall be banished or excluded from the Federation".
Art. 10: Freedom of Speech, Assembly and Association.
Art. 11: Freedom of Religion - Art. 11(1) reads "Every person has the right
to profess and practice his religion..."
Art. 12: Rights in Respect of Education.
Art. 13: Rights to Property.
Articles 149 to 151 vested in the Parliament and Executive with powers to
combact subversion and emergency. These special powers have been employed
extensively to restrict many fundamental rights [as above].
Art. 149 is independent and not related to Art. 150. This means that, unlike laws
made under Art. 150, proclamation of emergency is not necessary for Parliament
to make laws under Art. 149. Lord Diplock in Teh Cheng Poh v Public
Prosecutor [1979] elaborates "The Article [149] is quite independent of the
existence of a state of emergency. On the face of it the only
condition precedent to the exercise by Parliament of the extended legislative
powers which it confers is the presence in the Act of Parliament of a reciting
stating that something had happened in the past viz. that action of the kind
described 'has been taken or threatened'.
Example of emergency events:
5. CONSTITUTIONAL MONARCHY
6. A PARLIAMENTARY DEMOCRACY
7. INDEPENDENT JUDICIARY
Civil servants are required to maintain a reserve in politics. Their term in office
is uneffected by the rise and fall of governments.
The Police Force is a federal force and is charged with the responsibility of
maintaining security, public order and investigating crime.
Even during the communist insurgency [1957-1989] or during racial riots [1969]
or during emergency [1964-2012] there has been civilian control over the army
and the police.
13. LEGAL PLURALISM
Affirmation action policies in favour of Malays and the natives of Sabah and
Sarawak are entranched in Article 153.
16. NATIONALITY
Nationality is not equated with ethnicity but with citizenship and exclusive
allegiance. Double citizenship is not allowed.
17. NO PREAMBLE
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