The Malaysian constitution

The Malaysian constitutionThe Malaysia constitution is a measureable collective and guidelines to regulate the administration of a outlandish. The guideline for disposition is mainly on the introduction for making laws, to rule the presidential term in the kingdom for fairly and efficiently. withal that, the come forwardline of the constitution is in addition to provide basis granting immunity, matures, responsibilities for the parties in the administration, citizenship, finance, judiciary, usual preference and the epochnt and responsibilities to distribute to the parties between the government and the decl be government. grimplay knowledge of Malaysian temperamentThe Malaysian governance is the basis and rootage of the confederation of Malaya Constitution it is towards for Independent Malaya that organise on 16 September 1963. From the background of the Constitution 1948 of the confederation of Malaya Constitution is re focalized by the Reid kick 1956, whi ch is formulated to the stark naked constitution to dissolution from the Malayan uniting. Let us look in to the changes for the steps to the evolution of the Malaysian Constitution.1945Back to few long prison term in the first place the independent there be some changes that leading the forming of the supreme sub judice resources to apply for the independent democratic countrified from the defeat of the Nipponese act World War ended and discontinueed from the year 1945. From the period of the Japanese surrender and so as the British harvesting to Malaya and gave the opportunity to Malayan communistic ships company (MCP) to government in Malaya. The MCP notwithstanding gets to harbor the Malayan for 14 days because the chaos and the trouble were created by the member. On the September 1945, the British return to Malaya and help to restore the peace by effected the British Military Administration ( BMA ) to govern the chaos military but they recognise is failed, the B ritish bear decided the proposed,An new(prenominal) unused arrangement of administrative of Malayan partnership. The British Parliament has presented the white paper the created of the brisk system of administration in Malaya, on 10 October 1945 that called as Malayan nitty-gritty.In the proposal of Malayan Union is included the states of Federated, such as Perak, Negeri Sembilan, Selangor and Pahang, and so as the Unfederated stated such as Penang Island, malacca nookiee Kelantan, Kedah, Terrengganu, Johor and Perlis. (www.sejarahmalaysia.pnm.my) The main basis for this Malayan Union is to protect the economics for the British to Malaya is under wiz ruling system to standardize the administration. This ruling system is to cut d avow the administrative cost for the Malay states. Thru this system, is manoeuvering that the British officer is abuse by the Malayan Union and had against the Malays for support during the Japanese for their Occupation in Malaya. So they felt i s grateful to MPAJA that had opposed the Japanese.The diagnoseed is the following of the Malayan Union features,Is had form up the nine states of Malay states, and so as Penang and Malacca.Kuala Lumpur is the focus of the British semipolitical science that was a British Government which assisted to governor for executive Council and legislative Council.The regulator is only advised by the Malay rulers, the sovereignty is a ruler of their own states is wiped off and the main issues is only to authority the Islam issues and as the Head Malay council of Advisors.It is in addition to maintain the tendency of the State Council to manage the topical anesthetic government, but still under control by the central government.capital of Singapore is not under the Malayan Union because is still under the British colonial territory by the ruled of British Governor General thats higher up the of Malayan UnionThe dominion of jus soli is base on the citizenship. From this principle, the citizenship was obtained by (a) at the age of 18 long time old or above of the stranger, urinate to resided in Malay thru 10 out of 15 geezerhood period before 15 February 1942 and (b) a person who innate(p) in after(prenominal) under forming Malayan Union.The citizenship afford a unspoileds that heedless from the race or origin, that agree contribute entry into the government work to vote in the general pick.1946Harold MacMicheal, stir been assigned for a labor movement to gather the Malay state rulers for approval for the Malayan Union. In 1 April 1946, the Malayan Union is functionaryly proclaimed and Edward Gent is the first Governor and the Malays in the inelegant were against the Union. in that location are some parties opposed bugger off been setting up to rivalry of the Malayan Union. This parties is for the individual to voices out their competition by mass media thru the newspapers Majlis and Utusan Melayu and is regarding the matters of power and sover eignty of the Malay rulers thru the take a crap regenerate for the foreigner on the principle of jus soli. In 1-4 March 1946, of the Selangor Malay Union by Dato Onn Jaafar total 107 representations and 56 observers from 41 Malay Union is attended. As the number, of the Congress was formed the United Malay National Organization (UMNO) by Dato Onn Jaafar as a president. The slogan of Long live the Malays is coming out from the Dato Onn Jaafar and Malays Leaders thats start blend inled around the landed estate to get the Malays to celebrate the position and their rights.There are some suit for the Malays to opposed the Malayan Union is,The granting of the citizenship to the non-Malays. On the 1947, the Malays creation is only at 47.46%, therefore is deplete great effect on the economic and political at that time because the non-Malays is over took the population of the Malays.Erosion of Malays rulers power and sovereignty. The rulers of it is for the Malays to become the supr eme lead to constitute to a greater extent power. In this point, if the rulers is lost is as a result the lost of the Malays power as well. MacMicheals treats in getting the rulers to sign the pact. The forces and menace the Malays rulers to sign the agreement to form Malayan Union and the Malays has become angry.Meanwhile, the opposition is came by the former British officer from Malaya, Frank Swettehem, R.O. Winstedt, George Maxwell and Cecil Clementi Smith. From this British officer , the British is to abolished the Malayan Union and since then the non-Malays is not provoke in the Malayan Union by saying the is being colonial and undemocratic. The British cook decided to postpone the right of the enforcement of the right for the citizenship. From this capital punishment of the Malayan Union as a result to leading to affliction as according some matter,Strong opposition from the Malays. The rigid sniff out of bailiwickism from the Malays towards the Malayan Union.No si gnificant support from the non-Malays. out-of-pocket to excluding of Singapore the non-malay is lost of interested in the Malayan Union.Wrong timing. The result from the Japanese occupation is still remaining the feeling of competitor still experience between the Malays and the Chinese and the condition of it, is still not yet peaceful. Due to the economic and the social is still a problem and make up a strong gut the Malayan Union is only for the Malays and not to favoring the non-malays, the strong loyalty from the Malays as well at that moment.Wrong introduction. In London, the influence to get the agreement to sign by the rulers is still a strong objection by the Malaya hoi polloiOpposition from former British administrators in Malaya. The former British is protected the picky(a) right for the Malays.1948Federation of the Malaya ( Persekutuan Tanah Melayu PTM ) was formed on 1, February 1948 the decision of the British Government. On 25 July, 1948, have a new constitut ion to replace the Malayan Union. The members of the committee is by 6 British officer, 4 representatives Malays rulers and 2 UMNO representatives is different from the Malayan Union, including the following matter,Is heavy(p) protection to the Malay rulers of power and soverrigntyA constricted condition for the non-malays citizen and peculiar(a)(prenominal) right for the Malays.However, from this pressure of the Malays and the British Government, is not fully accepted by the different group from the non-malays and the Malays community.The non-Malays have formed All-Malaya Council of Joint Action ( AMCJA) and so as the Pusat Tenaga Rakyat ( PUTERA ) for the Malays, these two forces have joint together as AMCJA-PUTERA because they have different view of the UMNO. Its have become same(p) objective to contest for the independency of the country.The formation of the Federation of Malaya is fixed by the British Government on 1, February 1948 for it to established and the British Hig h Commissioner is the lintel, for the Legislative Council and Federal Executive Council, and for the nine Malays states include of Penang and Malacca, depart have they right over their own states. The state government is righteousness for the local government, land matter, health, education and tillage. The Malacca and Penang Island, the administration have comes under the Resident Commissioner. The aim from the British is to establish Federation of Malaya to license. For the non-Malays that born in Malaya, can grant their citizenship. From this challenge the British have decided to divide the rule and policy according to the place of residence and occupation. According to the Barnes Report in school, the English is at secondary coil level and the primary is at Malay. For the Chinese school from the Fen-Wu report is stay unchanged.The British Government had set up the Inter-Ethnic Relations Committee to have an open discussion for racial problems. On this Committer is to give s the Malay to involve themselves in business and industry, the non-Malays is on politics. The General election is introduced to give peace and prosperity to the nation. The Member form is introduce in the Federal Legislative Council to gives local people to involve in administrative system. The purpose of this Member System is to give the local people is to appoint as representative in the central government position and to created the spirit of cooperation and compromise between the people to the administrative. In 1951, the politics parties become strong to wants to achieve the independence. Dato Onn Jaafar is the head of UMNO, have joint the parties with MIC and MCA to Alliance, to created a strong union with Malays, Chinese and Indian, that gives strong specialisation and support to the communities in the country. However, there are also some political companionship that wanted to achieve the independence thru that combines from PUTERA and combine from the Malays and Indon esian by created Melayu Raya. There are also some other parties such as MCP, thats come to in revolution in China and Russia and so as other parties like Islamic wanted to set up an Islamic government. UMNO have change the slogan Long Live the Malays to Merdeka in 1951.In February 1952, the UMNO and MCA have won 9 seat out of 12 seat, and from this, the UMNO willing to gift and share the power with other committee for unity to have a wide support from the Alliance. In April 1953, Dato Onn Jaafar have organize a national conference in Kuala Lumpur to discuss for the independence of Malaya. The first election has been indicate in 1956.1955But the decision of the Dato Onn Jaafar followers is on 1955 and the British government is demand on the Alliance fellowship more. In 1954, the British have turn down the Alliance representative in London for the independence of the country. In return, the UMNO and MCA members have resign from the post of government and thats lead to the Britis h to agree the election in 1955.On 27,July 1955, the first general election was held, in Malaya. The party thats involve is Alliance, ( UMNO, MCA, MIC), Islamic Party of Malaya (PAS), National Party ( Parti Negara) , Labour Party ( Parti Buruh ) and Peoples Progressive Party ( Parti Progresif Rakyat). From this election the Alliance party won 51 seats out of 52 seats.1956In February 1956,Tunku Abdul Rahman, as a Chief attend leading the team to London to carry on for Malayas the independence. The 4 representatives of Datuk Panglima Gantang, Datos Ahamd Kamil, Abdul Aziz Majid and Datos Mohd Seth, representatives of Alliance Tunku Abdul Rahman, Dr Ismail Abdul Rahman, Datos Abdul Razak Hussien and Colonel H.S Lee and the British representative in Malaya. Is lasted for tether week , from 18 January to 8 February 1956, that the Lord Lennox Boyd, Secretary of British colonial Territories the negotiation have a condition to drawn up the Malayas new Constitution.1957On 31, swaggerin g 1957, have declare that the independence for Malaya and announced the battle of independence at Padang Bandar Hilir Malacca after return from London.The set up of Reid Commission thats headed by Lord Reid is to draw up the constitution for the independence of Malaya. The Commission has fix few times from June to October 1956. Out of 131 written ones, is skeleton up of the Constitution framework, Malay rulers and the Alliance. The Federal Legislative Council had accepted and approve by the Constitution on 15, August 1957 and effects on 27, August 1957. There is some following based on the 1957 Malayan Constitution for the concept of monarchy and democracy as fundamental principles-The head is the Yang di-Pertuan Agong and for the respective state is a ruler from each statesSon of the soil for the Malays is recognize and the guaranteed the special rights as wellThe national language is the Malay, where else English is still can be use in the 10years after the independence in the Legislative CouncilThe Malayan citizen is for those who born in Malaya and same goes too, after the IndependenceFor the Federation of Malaya, Islam is the official faith and for the non-Malay is freedom to worship their own.The Selangor Club Green ( Dataran Merdeka) is the symbolized the Malayan Independence day at the first second when the clock reaches after midnight on 31, August 1957. The changes of the Union Jack ( British iris) to the Malaya independence flag Jalur Gemilang was flown on the same day. Tunku Abdul Rahman was appointed to become the first Prime Minister that chosen by the Yang di-Pertuan Agong of the Federation of Malaya.1962After the Independence for six years Sabah, Sarawak and Singapore joined Malaya and become a new nation of members, Malaysia. The Cobbold Commission is setting up on April, 1962 while Tunku Abdul Rahman and Tan Siew Sin at London.Is to survey for the opinions for Sabah and Sarawak citizen by February to April 1962. From the survey is shown that 70% people in the country are favor in joining Malaysia and so the task of the new constitution is begin. On July 1962, Malaysia to have a Pre-agreement consultation in London, and to clear the differences between the Cobbold Commission and the Malayan reports. As a result, the agreement has been amended and the acceptance of the Malayas proposal. The primary draft for the Inter-Government Committee is known as Landsdowne Committee, as a new constitution.For Singapore referendum, Lee Kuan Yew is support the merge with Malaya and the population from Singapore , 70% is agreed on the merge. Singapore is retain in the interest in Malaya, to have urge to merge, Tunku Abdul Rahman had made proposal in 1961. United Peoples Party is against the formation of Malaysia because the parties have a different stress of ideology.Brunei is keen on the merge at first, Sultan Ali Saifuddin was preferred to be independence and changed his mind when the Parti Rakyat, Ahmad M. Azahari is a leader of this strong opposition party to revolt the merge of Brunei.For Sabah and Sarawak, the people population aware that will be different in the structure after the merging with Malaya. The citizen is fearful of losing their rights ascribable to Malayan domination and especially the non-Malay so as the concern of the trust and language. The Chinese is having fearful to the Chinese Singaporean due to the competition of economic.1963Tunku Abdul Rahman has figure out a problem between the Singapore Referendum and United Nations Investigation, that resulting for the local political changes and others interferences. The United Nation mission is to have a certain closure from the Sabah or Sarawak citizen. However, the Philippines and Indonesia was continue to opposed because Sabah is claimed under the Sulu Sulatanate that belongs to Philippines, there are 2/3 people supported it. Meanwhile, Indonesia wanted to merge to Indonesia Raya at the same timing to have Malaya to become North B orneo Federation of Sabah, Sarawak and Brunei. (www.scribd.com)On 8 July, 1963, in London, all the party have agreed and sign the agreement of the Malaysian Agreement from the report of Inter-Government Committee that have become the macrocosm by all members The Federation of Malaya Parliament had approved to the Malaysia Act of amend oblige (1) and (2) 1957, had effect on 16, September 1963 the day that proclaim to Malaysia, fagot of England has decide to let Sarawak, North Borneo and Sabah to combine to become independence with the Malaysian FederationThe Rukun Negara is a principle of the supremacy of the Constitution thats comes in triad after the principle on God and the country. The citizen can have a security, wealth and special rights to protect in the Constitution as a respect to the countrys regulation under the Malaysian Constitution.The main features of the Malaysian Constitution are as following-Is a federationIs a natural monarchyThe country that practices parliam entary democracyThe freedom of Islam as an official religion in MalaysiaTo rule the law and the supremacy of the ConstitutionThe separation of the power in the legislative, the judiciary and the government with freedom to have different affaire with no conflictThe power if the judiciary is validity and transparency that inside the provision of ConstitutionSabah and Sarawak has the native tribes (son of the soil) and so as the national language, citizenship and the special rights.Based on Article 153, is base on the Malaysian cultural background is due to benefit the Bumiputera, for the Islam that is Malay race that born in Malaysia, and is also apply to the Sabah and Sarawak orang asli to have this privileges. (www.statemaster.com)Under the Federal Section, the head of chief is the Yang di-Pertuan Agong is the chosen by the Malays ruler to rotate for five years. The Yang di-Pertuan Agong is also as a symbol to the nation. His Majesty is the countrys head and the Parliament as wel l. The Yang di-Pertuan Agong is also the commander of the armed forces and can appoint the task to the Courts adjudicate to carry out the justice on behalf in the conflict laws. The Yang di-Pertuan Agong is an official government action and executive in the countrys regulation. All His Majesty acts are also by the advice of the Prime Minister.However, the Malaysian Constitution can be amending thru the Parliament process in the Article 159 and 161E. The use of Malaysian Constitution is based on the multi-racial Malaysian society. The people can give their opinions in the public view and suggestion thru the Constitution. Within the year of 48 years the amended has been done for 42 times according to Shad Saleem Farugi, for this amendment to be done, its necessitate a 2/3rds of the majority agreed is required by the Houses of Parliament. (www.statemaster.com)Is formed by 1 Federal Constitution, Kuala Lumpur, and 13 states Constitution, Terenganu, Sarawak, Sabah, Selangor, Perak, Per lis, Penang, Negeri Sembilan, Kelantan, Kedah, Pahang, Johore and Malacca. The power of the Parliament is adult to make the Federal laws (Acts) and other law such as Islamic laws and DUN and the states laws. The power of the separation to at the federal, state concurrent list as followThe Federal List is regards to external affair, defense, internal security, complaisant and criminal law, citizenship, finance, commerce and industry, health, labour, fishery and tourism.State list is Muslim law, land, agriculture and forestry, local government, riverine fishing, library, museums and local government.Concurrent list is scholarship, protection of wildlife, town and country planning, drainage and venery, housing, culture and sport.There are five authoritative elements in the Malaysian Constitution such as the religion, the national language, and the special rights for the Bumiputera, the special rights and the citizenship. This element is important because its the most relevant to the multi-racial society and so as to the constitutional monarchy for the practices of the Parliamentary democracy. The citizenship is the special stipulation for the people in the country to have their rights. This status did provide benefits rights and other facilities that are include the responsibility as a citizen. The special rights are as following,The citizen will have a right to vote in the election by the age of 21 years old on the qualify date.The citizen have their right to introduce themselves to take part in politics in the country thats include the seat for contestant in the election. The citizen can be also joining the political talk at the age of 18 years old. Its means the citizen can also be the prime minister thru the election by the vote from the citizen.All position in the government is alter up only by the citizen of the country itself such as the Legislative, Judiciary and the Executive.The citizen will also entitle or free to have their own land plaza and w ill be consider thru the special conditions that cerebrate in the property development. For instance, the Bumiputera will get 5% on the property and for the non-Bumiputera is not entitle for the discount.The citizen are entitle to have the benefit and facilities in the country such as welfare benefits, education, public library, medical from the government hospital or Health clinic from every district area and others that provided by the country. The petroleum subsidy had been supported for the citizen as well.The citizen will have the freedom to move around the country such as from the north (Penang) to travel to south (Johor).The citizen will not be exiled by the country.The citizen will also have some responsibility and his role to the country in return to have this protection and the special rights. As following below matter, the citizen will need to, Joining the national service if he is required to by the country.To follows the laws and helps to support the country system.If the country need a contributions for the country disregarding to the economy crisis, because the support from the citizen is the progress for the nation of well-being of societys.The citizen needs to participate to support the national programmes and events, for instance the Independence DayThe domicile for the citizen is important to have citizenship laws to protect the status and rights for the each of the citizen in the country. The citizenship laws is to different for the citizen and the non-citizens and its to snap off by the country from the official regulation. From this laws, its to give the citizen special rights and for the non-citizen is also protected by the laws thats wont violates in the international regulation. In 1948, Malaysia already beginning made the citizenship laws.Meanwhile, when the time the British who rule, there is no law(s) yet for the citizen or the foreigner, the British practices open door policy so that to welcome the foreigner to come freely to t he country. In 1948, the Federation of Malaya Agreement has embodied the citizenship laws. The improvements have been done by 1952, it was carried or passes to the Malaya states and to the rulers and for those that becomes citizen of the Federation of Malaya. The status of citizen is given based on the resident period in the Malaya.Based on the Article 14 to Article 15, the Federal Constitution has set up more detail for the citizenship laws after the Independence Day.Loss of citizenship statusThere are two ways the citizen can lose their citizenship such as he or she can reject the citizenship based on personal reason and if the citizen has abuse or violated the laws, can be in the prohibit period. There is also some of the reason such asThe citizen have become other country citizen, for instance, if the citizen in Austria have become a citizen of the Austria. He or she cannot have more than one citizenshipsThe citizen can have the rights to enjoy other country facilities, such as the rights is only for that country citizen, for instance, he or she can use both passport to go to other country and so as to participate the election as wellFor the women such as she married to a man from other country, therefore the citizenship will be in concernedIf the citizen betrays or acts negatively, thats show that he or she is not loyal to Malaysia.The citizen having business or ties with enemy or hostile countryThe citizen that have been sentence indoors 5 year period during the staying in the country, its apply to the jail sentence as well if less than 12month or will fined not less than RM 5000.00 that within the Federation.The citizen that provide of gives service that without permission from the countryThe Malaysian citizen that lives in other foreigner country more than five years, can be transcendent if on with the service on behalf of Malaysian Government.The false influence of the citizenshipThe citizenship status for a foreigner women through marriage, if she divorce by the husband can be excepted for such cases of divorce if the husband is passed awayFrom all the above statement is clearly show that the citizenship is special status, because the application or the inherit can be withdrawn due to certain offences. Therefore, every of the citizen should be appreciate the citizenship and responsible to ourselves as a citizen and so to the country.The fundamental liberties is ready as the some certain fundamental individual rights or tender-hearted civilization, thats apply to the lowest level as well to have the right for some condition and so as to the democratic way for the societysReferenceswww.sejarahmalaysia.pnm.mywww.scribd.comwww.statemaster.com