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Main Topics of the Discussion
What is a constitution
Forms of Constitution
Special provision in the constitution
Role of the constitution in promoting unity
in Malaysia
Fundamental Liberties
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Constitution
The term constitution comes from the
Latin word Constitutio, meaning
establishment .
Some scholars use the Greek word Poleteia,
which means basically any forms of
government
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Definition of Constitution
In general, a constitution is a set of rules for
government and people which can be written or
unwritten documents.
A constitution consists of basic principles that
determine how a country is established and
governed by laws, customs or rules general
accepted.
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Types of Constitution
The two forms of constitution are:
(a) Written constitution; and (b) Unwritten constitution
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Written Constitution
Written constitution is a form of constitution
which is gathered and compiled into a
document.
It is fixed and difficult to be modified.
In written constitution, parliament has the
power to make laws .
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Written Constitution
Parliament is forbidden from making laws
contradictory to freedom of rights.
Courts have the power to interpret laws and
protect the constitution.
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Unwritten Constitution
All principles of the constitution which are
not compiled in a document.
For example, the Act of Parliament and court
decisions.
Malaysia practices a written constitution
where the Parliament derives power from the
constitution.
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Constitution of Malaysia
Malaysia is a constitutional monarchy
It means that His Majesty the Yang Di Pertuan Agong, theKing of Malaysia is not only our Supreme Head of State, but
also a symbol of unity among all Malaysians.
The constitution of Malaysia touches on various aspects ofgovernance such as freedom of rights, religion, citizenship,
judiciary and many more.
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Special Provision in the Constitution
Malaysia as a Federation
Malaysia as a Constitutional Monarchy
Malaysia as a country that practices a democratic parliamentary
system
Malaysia as a country that practices freedom of religion with Islam
as the official religion
The supremacy of the constitution and laws
National language, citizenship, and special rights of Bumiputras and
pribumis in Sabah and Sarawak.
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What is Fundamental Liberty?
Fundamental liberties are rights and freedoms
that people should have as human beings.
Some fundamental liberties are mentioned in
the Constitution which are guaranteed and
cannot be taken away from us unless the
Constitution itself allows it.
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Fundamental Liberties
Right to Life and Liberty
No Slavery
Equality
Prohibition of Banishment and Freedom of
Movement
Freedom of Speech, Assembly and Association
Freedom of Religion
Rights in respect of Education
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Right to Life and Liberty (Article 5 )
Article 5 enshrines a number of basic fundamentalhuman rights:
no person may be deprived of life or personal libertyexcept in accordance with law.
a person who is unlawfully detained may be releasedby the High Court .
a person has the right to be informed of the reasons ofhis arrest and to be legally represented by a lawyer ofhis choice.
a person may not be arrested for more than 24 hourswithout a magistrate's note that once a person isformally charged, permission.
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Article 6 - No Slavery
No one can be made a slave or forced to work.
However, Parliament may make laws to
require Malaysians to provide compulsory
national service. Work or service required
from a person who is convicted of a crime is
not considered forced labour.
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Article 7 Protection against retrospective criminal laws
and repeated trials
No person shall be punished for an act oromission which was not punishable by law whenit was done or made.
No person shall suffer greater punishment for anoffence than was prescribed by law at the time itwas committed.
A person who has been acquitted or convicted of
an offence shall not be tried again for the sameoffence except where a retrial is ordered by acourt.
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Article 8 - Equality
All persons are equal before the law and
entitled to the equal protection of the law
(Article number: 8)
There shall be no discrimination in favour of
any person on the ground that he is a subject
of the Ruler of the State. (Article number: 8)
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Article 9 - Prohibition of Banishment and
Freedom of Movement
A person cannot be punished for somethingwhich at the time when it was done was not anoffence.
If the punishment for a crime is increased, aperson who committed the crime before thepunishment was increased cannot be given thatincreased punishment.
A person who has been acquitted or convicted of
an offence shall not be tried again for the sameoffence, unless the conviction or acquittal isquashed (set aside) and a retrial is ordered
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Article 10 - Freedom of Speech, Assembly and
Association
Every citizen has the right to freedom of
speech and expression ( Article : 10)All citizens have the right to assemble
peaceably and without arms( Article : 10)
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Freedom of Religion (Article: 11)
Every person has the right to practice his or
her religion (Article : 11)
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Article 12 - Rights in respect of
Education
In respect of education, Article 12 provides
that there shall be no discrimination against
any citizen on the grounds only of religion,
race, descent or place of birth
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Article 13 - Rights to Property
Article 13 provides that no person may be
deprived of property save in accordance with
law. No law may provide for the compulsory
acquisition or use of property without
adequate compensation.
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Role of the Constitution in Promoting
Unity (cont)
The provision for Bahasa Melayu as the official language ofthe country (Article 152) also has leeway for the use ofother languages
The Yang di-Pertuan Agong protects the special rights of the
Malays, but the rights of non-Malay races are alsoprotected accordingly. These provisions create a form offair governance, without bias towards one race only.
All races have a place in the Malaysian constitution.
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Role of the Constitution in Promoting
Unity in Malaysia
The constitution plays an important role in
promoting unity in Malaysia:
Although the constitution states that Islam is
the official religion of the Federation all other
forms of religion are allowed to be freelypracticed in Malaysia.
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Role of the Constitution in Promoting
Unity (cont)
Every citizen, regardless if ruler or civilian, has to havecontrol of his or her movements. The constitution of theFederation of Malaysia not only provides powers to theruling body, but also to the citizens through freedom of
rights. The constitution plays an important role in determining the
direction the countrys administration takes. In fact, the
constitution itself is fundamental in the forming ofdemocracy in Malaysia
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Role of the constitution in promoting
unity (cont)
From the overall discussion, we can say that theConstitution is the basis of the countrys laws,
It plays an important role in promoting the equalityamong all races in Malaysia.
Through the Constitution, each citizen, whether partof the ruling body or as a civilian, is entitled to his orher rights and appropriate protection.
The constitution plays an important role inpromoting unity.