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Malaysia Text and Commentary Third Edition Abdul Aziz Bari • Farid Sufian

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Malaysia Text and Commentary Third Edition Abdul Aziz Bari • Farid Sufian THIRD EDITION This edition seeks to include new development in the law but keeps the simple and straightforward approach adopted since the first edition. The main audience of the book is the law students – which is why the contents have been arranged in such a way that they would be able to grasp the essence of the Constitution. At the same time the authors also have the judges and lawyers who need to quickly identify the issues in every constitutional problem. The book – apart from being reasonably priced – is a two in one: the provisions of the Constitution and the materials needed to explain them. These are some of the reasons that make the book a must for every law student and practitioner and indeed everyone interested in the Federal Constitution of Malaysia. DR ABDUL AZIZ BARI is professor of law at the International Islamic University Malaysia where he has been teaching law for the past 20 years. He has written extensively on public law; esp. constitutional law. Two of his eight books – Malaysian Constitution: A Critical Introduction (2003) and Perlembagaan Malaysia: Asas dan Masalah (2001) – have been reprinted several times. He has also published chapters and journal articles on the subject and has presented some 130 papers here and abroad. A leading constitutionalist, he also writes newspaper columns and takes part in public advocacy. DR FARID SUFIAN SHUAIB is an Assistant Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM), where he lectures Constitutional law and Malaysian Legal System. He has published articles and presented papers on legal pluralism, Syariah courts, constitutional law and media law. His other books include Powers and Jurisdiction of Syariah Courts in Malaysia (2008) which is in the second edition and Administration of Islamic Law in Malaysia: Text and Material (2001). CONSTITUTION « MALAYSIA TEXT AND COMMENTARY THIRD EDITION ABDUL AZIZ BARI • FARID SUFIAN SHUAIB E,^. PEARSON LIBRARY INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA CONSTITUTION 0F MALAYSIA TEXT AND COMMENTARY THIRD EDITION Abdul Aziz Bari DPA (ITM), LLB Hons (IIUM), LLM (Nottm), & PhD (Birmingham) Professor of Law International Islamic University Malaysia Farid Sufian Shuaib LLB Hons (IIUM) & LLM (London), PhD (IIUM) Assistant Professor Ahmad Ibrahim Kulliyyah of Laws International Islamic University Malaysia Prentice Hall Kuala Lumpur • London • New York • Boston • San Francisco • Toronto Sydney • Singapore • Hong Kong • Tokyo • Seoul • Taipei • New Delhi • Cape Town Madrid • Mexico City • Amsterdam • Munich • Paris • Milan Copy no: SPlSzyz Initial: Roslina Hasan ' Date: fi/tA-ffift Location: $AIN>PJ /ISTAC /NILAI /K /K2 /IffiF Published by Prentice Hall Pearson Malaysia Sdn. Bhd. (4409-W) Lot 2, Jalan 215, Off Jalan Templer, 46050 Petaling Jaya, Selangor, Malaysia Tel: 03-77820466 Fax: 03-77853435 Pearson Education offices in Asia: Bangkok, Beijing, Hong Kong, Jakarta, Manila,Kuala Lumpur, New Delhi, Seoul, Singapore, Taipei, Tokyo. Printed in Malaysia by In Reach Resources Sdn Bhd First Edition 2004; reprinted twice; Second Edition 2006 Third Edition 2009 ISBN: 978-967-349-027-1 Constitution of Malaysia: Text and Commentary Third Edition Abdul Aziz Bari & Farid Sufian Shuaib Cover : The Palace of Justice, Putrajaya, which houses the Juciary; namely Federal Court and the Court of Appeal Copyright © 2009 Pearson Malaysia Sdn. Bhd. All rights reserved. This publication is protected by Copyright and permission should be obtained from the Publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording or otherwise. For information regarding permission(s), write to: Rights and Permission Department. PEARSON Prentice Hall h* CONTENTS PARTI THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 1 2. Admission of new territories into the Federation 2 3. Religion of the Federation 4 4. Supreme law of the Federation 10 PARTH FUNDAMENTAL LIBERTIES Article 5. Liberty of the person 17 6. Slavery and forced labour prohibited 28 7. Protection against retrospective criminal laws and repeated trials ... 31 8. Equality 33 9. Prohibition of banishment and freedom of movement 36 10. Freedom of speech, assembly and association 38 11. Freedom of religion 42 12. Rights in respect of education 46 13. Rights to property 48 PARTIH CITIZENSHIP Chapter 1 -Acquisition of Citizenship Article 14. Citizenship by operation of law 53 15. Citizenship by registration (wives and children of citizens) 55 Constitution of Malaysia: Text and Commentary 15A. Special power to register children 56 16. Citizenship by registration (persons born in the Federation before Merdeka Day) 56 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) 57 17. (Citizenship by registration (persons resident in the Federation on Merdeka Day) - Repealed) 57 18. General provisions as to registration 58 19. Citizenship by naturalization 59 19 A. (Transfer of citizenship to or from Singapore - Repealed) 61 20. (Naturalisation of members of Federation forces - Repealed) 61 21. (General provisions as to naturalization - Repealed) 61 22. Citizenship by incorporation of territory 61 Chapter 2 - Termination of Citizenship 23. Renunciation of citizenship 61 24. Deprivation of citizenship on acquisition or exercise of foreign citizenship etc 62 25. Deprivation of citizenship by registration under Article 16A or 17 or by naturalization 64 26. Other provisions for deprivation of citizenship by registration or naturalization 66 26A. Deprivation of citizenship of child of person losing citizenship 67 26B. General provisions of to loss of citizensip 67 27. Procedure for deprivation 68 28. Application of Chapter 2 to certain citizens by operation of law .... 69 28A. Deprivation of citizenship of persons becoming citizens on Malaysia Day 70 Chapter 3 - Supplemental 29. Commonwealth citizenship 72 30. Certificates of citizenship 73 30A. (Franchise etc., of Singapore citizens and other citizens -Repealed) 73 30B. (Liaison as to citizenship between governments of Federation and of Singapore - Repealed) 73 31. Application of Second Schedule 73 Contents PART IV THE FEDERATION Chapter 1 - The Supreme Head Article 32. Supreme Head of the Federation, and his Consort 75 33. Deputy Supreme Head of the Federation 77 33A. Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence 78 34. Disabilities of Yang di-Pertuan Agong 80 35. Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong 80 36. Public Seal 80 37. Oath of office Yang di-Pertuan Agong 80 Chapter 2 - The Conference of Rulers 38. Conference of Rulers 81 Chapter 3 - The Executive 39. Executive authority of Federation 85 40. Yang di-Pertuan Agong to act on advice 87 41. Supreme command of armed forces 91 42. Power of pardon, etc 91 43. Cabinet 98 43A. Deputy Ministers 109 43B. Parliamentary Secretaries Ill 43C. Political Secretaries Ill Chapter 4 - Federal Legislature AA. Constitution of Parliament 112 45. Composition of Senate 113 46. Composition of House of Representatives 116 47. Qualifications for membership of Parliament 117 48. Disqualification for membership of Parliament 117 Constitution of Malaysia: Text and Commentary Provisions against double membership 121 Effect of disqualification, and prohibition of nomination or appointment without consent 121 Resignation of members 122 Absence of a member 122 Decisions as to disqualification 122 Vacancies in Senate and casual vacancies 123 Summoning, prorogation and dissolution of Parliament 124 President and Deputy President of Senate 126 Speaker and Deputy Speakers of the House of Representatives 127 Remuneration of President, Deputy President, Speaker and Deputy Speakers 130 Oaths by members 130 Address by the Yang di-Pertuan Agong 131 Special provisions as to Cabinet and Attorney General 131 Parliamentary procedure 132 Privileges of Parliament 133 Remuneration of members 137 Clerks of Senate and House of Representatives 137 Chapter 5 - Legislative procedure Exercise of legislative power 138 Restrictions on introduction of Bills and moving of amendments involving taxation, expenditure, etc 141 Assent to Bills passed by House of Representatives only 142 Chapter 6 - Capacity as respects property, contracts and suits Capacity of Federation as respects property, contracts and suits 144 PARTV THE STATES Precedence of Rulers and Yang di-Pertua -Yang di-Pertua Negeri.. 145 Federal guarantee of State Constitutions 146 Contents 72. Privileges of Legislative Assembly 148 PART VI RELATIONS BETWEEN THE FEDERATION AND THE STATES Chapter 1 -Distribution of legislative powers Article 73. Extent of federal and State laws 151 74. Subject matter of federal and State laws 151 75. Inconsistencies between federal and State laws 155 76. Power of Parliament to legislate for States in certain cases 157 76A. Power of Parliament to extend legislative powers of States 161 77. Residual power of legislation 162 78. Legislation restricting use of rivers 162 79. Exercise of concurrent legislative powers 162 Chapter 2 - Distribution of executive powers 80. Distribution of executive powers 163 81. Obligations of States towards Federation 165 Chapter 3 - Distribution of financial burdens 82. Financing of expenditure relating to matters on Concurrent List.... 165 Chapter 4 - Land 83. Acquisition
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