The Evolving Role of Malaysia's Royalty
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Federal Constitution of Malaysia
LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. -
Malaysia, September 2006
Library of Congress – Federal Research Division Country Profile: Malaysia, September 2006 COUNTRY PROFILE: MALAYSIA September 2006 COUNTRY Formal Name: Malaysia. Short Form: Malaysia. Term for Citizen(s): Malaysian(s). Capital: Since 1999 Putrajaya (25 kilometers south of Kuala Lumpur) Click to Enlarge Image has been the administrative capital and seat of government. Parliament still meets in Kuala Lumpur, but most ministries are located in Putrajaya. Major Cities: Kuala Lumpur is the only city with a population greater than 1 million persons (1,305,792 according to the most recent census in 2000). Other major cities include Johor Bahru (642,944), Ipoh (536,832), and Klang (626,699). Independence: Peninsular Malaysia attained independence as the Federation of Malaya on August 31, 1957. Later, two states on the island of Borneo—Sabah and Sarawak—joined the federation to form Malaysia on September 16, 1963. Public Holidays: Many public holidays are observed only in particular states, and the dates of Hindu and Islamic holidays vary because they are based on lunar calendars. The following holidays are observed nationwide: Hari Raya Haji (Feast of the Sacrifice, movable date); Chinese New Year (movable set of three days in January and February); Muharram (Islamic New Year, movable date); Mouloud (Prophet Muhammad’s Birthday, movable date); Labour Day (May 1); Vesak Day (movable date in May); Official Birthday of His Majesty the Yang di-Pertuan Agong (June 5); National Day (August 31); Deepavali (Diwali, movable set of five days in October and November); Hari Raya Puasa (end of Ramadan, movable date); and Christmas Day (December 25). Flag: Fourteen alternating red and white horizontal stripes of equal width, representing equal membership in the Federation of Malaysia, which is composed of 13 states and the federal government. -
Malaysia's Constitution of 1957 with Amendments Through 2007
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship . -
Trends in Southeast Asia
ISSN 0219-3213 2018 no. 22 Trends in Southeast Asia THE PERAK SULTANATE: TRANSITIONING INTO THE 21ST CENTURY BARBARA WATSON ANDAYA TRS22/18s ISBN 978-981-4843-34-8 30 Heng Mui Keng Terrace Singapore 119614 http://bookshop.iseas.edu.sg 9 7 8 9 8 1 4 8 4 3 3 4 8 Trends in Southeast Asia 18-J04948 01 Trends_2018-22.indd 1 11/12/18 8:43 AM The ISEAS – Yusof Ishak Institute (formerly Institute of Southeast Asian Studies) is an autonomous organization established in 1968. It is a regional centre dedicated to the study of socio-political, security, and economic trends and developments in Southeast Asia and its wider geostrategic and economic environment. The Institute’s research programmes are grouped under Regional Economic Studies (RES), Regional Strategic and Political Studies (RSPS), and Regional Social and Cultural Studies (RSCS). The Institute is also home to the ASEAN Studies Centre (ASC), the Nalanda-Sriwijaya Centre (NSC) and the Singapore APEC Study Centre. ISEAS Publishing, an established academic press, has issued more than 2,000 books and journals. It is the largest scholarly publisher of research about Southeast Asia from within the region. ISEAS Publishing works with many other academic and trade publishers and distributors to disseminate important research and analyses from and about Southeast Asia to the rest of the world. 18-J04948 01 Trends_2018-22.indd 2 11/12/18 8:43 AM 2018 no. 22 Trends in Southeast Asia THE PERAK SULTANATE: TRANSITIONING INTO THE 21ST CENTURY BARBARA WATSON ANDAYA 18-J04948 01 Trends_2018-22.indd 3 11/12/18 8:43 AM Published by: ISEAS Publishing 30 Heng Mui Keng Terrace Singapore 119614 [email protected] http://bookshop.iseas.edu.sg © 2018 ISEAS – Yusof Ishak Institute, Singapore All rights reserved. -
The Rise and Fall of State Governments in Malaysia: Institutions, Constitutions and Political Alignment
ISSUE: 2020 No. 103 ISSN 2335-6677 RESEARCHERS AT ISEAS – YUSOF ISHAK INSTITUTE ANALYSE CURRENT EVENTS Singapore | 11 September 2020 The Rise and Fall of State Governments in Malaysia: Institutions, Constitutions and Political Alignment Tricia Yeoh* EXECUTIVE SUMMARY • The Pakatan Harapan-aligned Sabah state government held by Parti Warisan Sabah (Warisan) fell in late July 2020 when 13 state assemblypersons defected to align with former Sabah Chief Minister and Sabah Barisan Nasional chairman Musa Aman. • The Sabah state election will be held on 26 September 2020, ahead of a general election which is widely expected to be called before the end of the year. The outcome of the Sabah state election will therefore carry important lessons for all political parties at the national level in crafting their political strategies. • Historically, political alignment with the federal government seemed to be the most decisive factor in shaping the outcome of state government formation. Nonetheless, the Rulers or governors of respective states have played a crucial role on various occasions, by exercising their discretion on whether it was appropriate to appoint a new Chief Minister or allow the dissolution of a state legislature to hold new elections. The Rulers in turn have to operate within the framework of the state constitutions. • The electoral strategies at state level have become extremely complicated, given the existence of multiple parties, the fluidity of their collective and individual members’ political loyalties, and the ongoing negotiations over leadership and prime ministerial candidacies. *Tricia Yeoh is Visiting Research Fellow at ISEAS – Yusof Ishak Institute, CEO of the Institute for Democracy and Economic Affairs (IDEAS) and PhD Candidate at the University of Nottingham Malaysia. -
Malaysia – Attacks on Justice 2000
1 Malaysia – Attacks on Justice 2000 Malaysia The Malaysian judiciary, although it generally acts independently, was widely seen to be complicit in political prosecutions by the government, particularly in the trial of former Deputy Prime Minister, Anwar Ibrahim. There were continuing tense relations between the judiciary and the legal profession and there were sustained attacks on the independence of the legal profession by the government. The government instituted sedition proceedings against Karpal Singh, Anwar Ibrahim's defence lawyer, for statements he made in court in the defence of his client. Malaysia continues to act in defiance of the International Court of Justice, by not granting the Special Rapporteur for the Independence of Judges and Lawyers immunity from prosecution. Malaya gained independence from the United Kingdom in 1957. In 1963 the areas of Malaya, Sabah, Sarawak and Singapore joined to form the Federation of Malaysia. Singapore left the Federation in 1965. The Federation of Malaysia currently consists of thirteen states: the eleven states of peninsular Malaysia and the two states of Sabah and Sarawak on the island of Borneo. Malaysia is a constitutional monarchy, headed by the Yang di-Pertuan Agong, who is elected by the Conference of Rulers for a term of five years. The Conference of Rulers consists of the hereditary rulers of the states of peninsular Malaysia. The current Yang di-Pertuan Agong is Salahuddin Abdul Aziz Shah who was elected in April 1999. The Constitution embodies the principle of the separation of powers. The legislative power of the Federation is vested in a bicameral parliament consisting of the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). -
Title "Identity Monarchy": Interrogating Heritage for a Divided Malaysia
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Kyoto University Research Information Repository "Identity Monarchy": Interrogating Heritage for a Divided Title Malaysia Author(s) Milner, Anthony Citation Southeast Asian Studies (2012), 1(2): 191-212 Issue Date 2012-08 URL http://hdl.handle.net/2433/167299 Right Type Journal Article Textversion publisher Kyoto University “Identity Monarchy”: Interrogating Heritage for a Divided Malaysia Anthony Milner* Malaysia, it has been observed, is currently experiencing a “revival” of “Malay kingship” with the growing importance of “proactive and participating constitutional rulers.” In fact, modern Malaysia has since independence been characterized by monarchy—by a multiplicity of Rulers and elaborate royal ceremony and hierarchy —as well as by its “plural society.” But the modern monarchs—though they have never become quite “constitutional Rulers”—cannot be seen as merely “traditional,” because the institution of monarchy was transformed in a fundamental way during the British colonial period. Monarchy continues to be an underexamined feature of the Malaysian polity, and when it is discussed there is a tendency to focus on issues of power and to neglect its sociocultural role. One pre-colonial dimension of monarchy that continues to be significant today—though in a manner less psychologically profound than before—is its identity-giving role. The principal concern of this article is to deter- mine—through a process of hermeneutic retrieval—if this role is merely relevant to the Malay community, or does it possess more inclusive possibilities? Are the Rulers of Malaysia essentially “Malay Rulers” or has the institution a nation-building potential that has so far not been fully utilized? The question is important for a country that many see as becoming increasingly divided. -
The Malaysian Judiciary and Constitutional Politics
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2016 On the Uneven Journey to Constitutional Redemption: The Malaysian Judiciary and Constitutional Politics Yvonne Tew Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1924 25 Wash. Int'l. L.J. 673 (2016) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Compilation © 2016 Washington International Law Journal Association ON THE UNEVEN JOURNEY TO CONSTITUTIONAL REDEMPTION: THE MALAYSIAN JUDICIARY AND CONSTITUTIONAL POLITICS Yvonne Tew† Abstract: This article explores the Malaysian judiciary’s approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation’s political and constitutional history. It traces the judiciary’s tentative movement toward a more rights-oriented approach followed by its more recent retreat in several appellate court decisions. This article argues that the Malaysian courts’ journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must exhibit greater willingness to assert its commitment to constitutional supremacy and the rule of law. I. INTRODUCTION The story of the Malaysian judiciary is inextricably linked to the nation’s constitutional politics. It is a tale of the judicial institution’s rise, fall, and ensuing struggle toward constitutional restoration. Constitutional interpretation is, in large part, an underlying theme to this story: it is the means by which the judiciary articulates how it sees its role and molds its fate within the political climate that it finds itself. -
Appointment of a Prime Minister
APPOINTMENT OF A PRIME MINISTER Emeritus Prof. Datuk Dr Shad Saleem Faruqi Tun Hussein Onn Chair, Institute of Strategic and International Studies (ISIS, Malaysia) This essay examines the nature and extent of, and the limits on, the monumental power of the Yang di-Pertuan Agong to appoint a Prime Minister in a host of situations - after a General Election; if the PM resigns, if the PM is incapacitated or dies in office; if he loses the confidence of the majority of the members of the House; or when he is disowned by his party or coalition. The constitutional issues surrounding the controversial elevation of Tan Sri Muhyiddin Yassin to the post of the 8th Prime Minister of Malaysia are also examined. INTRODUCTION In the aftermath of a general election or due to a vacancy in the office of the Prime Minister caused by any reason whatsoever - whether death, incapacitation, resignation or loss of confidence of the majority1 - the most critical and controversial issue is the appointment of the Prime Minister (PM). The Federal Constitution does not provide comprehensive guidance about the murky world of government formation. If a party or coalition commands the confidence of an absolute majority2 of the members of the Dewan Rakyat, the King has no choice but to choose its leader as the PM. However, in many conceivable circumstances the Yang di-Pertuan Agong (the Malaysian King) has a wide margin of discretion and his wisdom and sagacity can be tested seriously. The exercise by him of his royal discretion can alter the course of the nation’s history. -
Voting for Democracy Conference of Commonwealth Chief Election Officers Queens’ College Cambridge - 23-26 March 1998
Voting for Democracy Conference of Commonwealth Chief Election Officers Queens’ College Cambridge - 23-26 March 1998 ASPECTS OF MALAYSIAN ELECTIONS Datuk Harun Din Chairman, Election Commission of Malaysia Commonwealth Secretariat CONFERENCE OF COMMONWEALTH CHIEF ELECTION OFFICERS Queens' College Cambridge - 23-26 March 1998 ASPECTS OF MALAYSIAN ELECTIONS By Datuk Harun Din Chairman Election Commission Malaysia Introduction Malaysia practises a federal parliamentary democratic system with a constitutional monarchy; its head being the Yang di Pertuan Agong (King) elected from amongst the nine state hereditary Malay Sultans (Rulers) for a five-year term. The King, a constitutional monarch with ceremonial duties and limited discretionary powers has the power to dissolve Parliament on the advice of the Prime Minister. 2. The Constitution of Malaysia provides for the establishment of an Election Commission which shall conduct elections to the House of Representatives and the Legislative Assemblies of the thirteen states of Malaysia and which shall also prepare and revise electoral roll for such elections. 3. Elections to various local government bodies were once held in compliance with the local government laws but such elections were subsequently suspended in 1964. As a result all members of the City Councils, Municipal Councils and Local Councils are now appointed by the state authorities. 4. The Constitution empowers the Election Commission, from time to time as they deem necessary, to review the division of the Federation and the States into constituencies and recommend such changes they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule of the Constitution. The review of the constituencies for the Legislative Assemblies are undertaken at the same time as the review of the constituencies for the House of Representatives. -
“Identity Monarchy”: Interrogating Heritage for a Divided Malaysia
Kyoto University “Identity Monarchy”: Interrogating Heritage for a Divided Malaysia Anthony Milner* Malaysia, it has been observed, is currently experiencing a “revival” of “Malay kingship” with the growing importance of “proactive and participating constitutional rulers.” In fact, modern Malaysia has since independence been characterized by monarchy—by a multiplicity of Rulers and elaborate royal ceremony and hierarchy —as well as by its “plural society.” But the modern monarchs—though they have never become quite “constitutional Rulers”—cannot be seen as merely “traditional,” because the institution of monarchy was transformed in a fundamental way during the British colonial period. Monarchy continues to be an underexamined feature of the Malaysian polity, and when it is discussed there is a tendency to focus on issues of power and to neglect its sociocultural role. One pre-colonial dimension of monarchy that continues to be significant today—though in a manner less psychologically profound than before—is its identity-giving role. The principal concern of this article is to deter- mine—through a process of hermeneutic retrieval—if this role is merely relevant to the Malay community, or does it possess more inclusive possibilities? Are the Rulers of Malaysia essentially “Malay Rulers” or has the institution a nation-building potential that has so far not been fully utilized? The question is important for a country that many see as becoming increasingly divided. Keywords: monarchy, identity monarchy, Malay Rulers, Malaysia, ideology, baseline knowledge, race paradigm, hermeneutic retrieval In the lead-up to dramatic protests in Kuala Lumpur on the week-end of July 9–10, 2011, the Malaysian King, Sultan Mizan Zainal Abidin, Sultan of Terengganu, surprised some commentators by issuing a statement (a “Titah Khas”) that seemed to call on the Govern- ment as well as the Opposition to step back from open confrontation. -
Electoral Politics in Malaysia: 'Managing' Elections in a Plural
Malaysia: Lim Hong Hai Electoral Politics in Malaysia: ‘Managing’ Elections in a Plural Society Lim Hong Hai Introduction Elections are contests for the highest stakes in national politics and the electoral system is a set of predetermined rules for conducting elections and determining their outcome. Thus defined, the electoral system is distinguishable from the actual conduct of elections as well as from the wider conditions surrounding the electoral contest, such as the state of civil liberties, restraints on the opposition and access to the mass media. While all these aspects are of obvious importance to free and fair elections, the main interest of this study is the electoral system. The electoral system is important because it exerts an essential and independent effect on electoral outcomes, and hence on the balance of advantage among contestants in the struggle for representation and power in the political system. Channelled by and buffeting formal political structures, of which the electoral system is part, this contest for power is inevitably an expression of salient cleavages in society. In Malaysia, political mobilization follows ethnic divisions and the struggle for power is among political parties representing particular ethnic groups. It is therefore essential to begin with some basic information on the country’s political system and plural society. The Federation of Malaysia consists of 11 states in Peninsular Malaysia (i.e. the former Federation of Malaya, which gained independence from the British in 1957) and the East Malaysian states of Sabah and Sarawak, which joined the Federation of Malaya to form the Federation of Malaysia in 1963.