Malaysia: Constitution of Malaysia.

Date of text: 1957.

Type of text: Constitution
Available web site: www.constituteproject.org
Full text available (English): mal132821.pdf
Comments: Malaysia's Constitution of 1957 with Amendments through 1996.
1. Adoption, promulgation and amendments:
The Constitution of Malaysia was adopted in 1957. The text of the Constitution covers amendments done
in 1996.
2. Structure of the constitution:
The Constitution Consists 183 articles divided in to 15 Chapters and 13 Schedules. The
Chapters are as follows: The States, Religion And Law Of The Federation (I); Fundamental
Liberties (II); Citizenship (III); The Federation (IV); The States, Relations Between The
Federation and the States (V); Financial Provisions (VI); Elections (VII); The Judiciary (VIII);
Public Services (IX); Special Powers Against Subversion, Organized Violence, and Acts and
Crimes Prejudicial to the Public and Emergency Powers (X) General And Miscellaneous (XI);
Additional Protections For States Of Sabah And Sarawak (XII); Temporary And Transitional
Provisions (XIII); Saving For Rulers Sovereignty, Etc (XIV) and Proceedings Against The
Yang Di-Pertuan Agong And The Rulers (XV).
3. Form of government and basic principles of the state:
Malaysia is a sovereign federal state and the government system is constitutional monarchy. The King is
the head of the State but there is separation of power between the executive, legislative and judiciary
organs of the state. The States of the Federation are Johore, Kedah, Kelantan, Malacca, Negeri
Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. Islam is the religion
of the Federation of Malaysia. Constitution is the supreme law and it is binding.
4. Basic institutions of the state and the rule of law:
The King is the head of the federal state of Malaysia. He is elected for a five years term by the rulers of
the states of Malaysia. The legislative authority is vested in the parliament. The executive authority is
vested in the government leaded by the Prime Minister. Whereas the judicial authority belongs to the
independent courts. There are two high courts one is the High Court in Malaya the second is the High
Court in Sabah and Sarawak. The powers and authority given to the states are provided in Chapter V of
the Constitution.
5. Supremacy of international law:
No specific provisions regarding the supremacy of international law.
6. FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF THE STATE POLICY
6.1 General information:
Chapter II regarding the fundamental rights and principles of the state policy guarantees human rights
and freedoms such as the right to life and liberty, prohibition of unjust arrest and detention, prohibition
of forced labour and slavery, the privacy of home, the freedom of movement, freedom of assembly,
freedom of association, the freedom of speech and religion and other political, economic and social
rights.
6.2 Environmental rights and duties:
No provisions regarding environmental rights.
6.3 Property rights:
The Constitution recognizes the right to property in its Article 13 and sets forth that no person shall be

deprived of property save in accordance with law. No law shall provide for the compulsory acquisition or
use of property without adequate compensation. Please also see title 7.2
6.4 Right to food:
No provisions regarding the right to food.
6.5 Right to water:
No provisions regarding the right to food.
6.6 Non discrimination and gender equality:
Article 8 sets forth that all persons are equal before the law and entitled to the equal protection of the
law. Except as expressly authorised by this Constitution, there shall be no discrimination against citizens
on the ground only of religion, race, descent or place of birth in any law or in the appointment to any
office or employment under a public authority or in the administration of any law relating tothe
acquisition, holding or disposition of property or the establishing or carrying on of any trade, business,
profession, vocation or employment.
6.7 Indigenous rights:
No provisions regarding indigenous rights.
7. PROVISIONS RELATED TO FAO'S MANDATE
7.1 Environment:
No provisions regarding this matter.
7.2 Land and property:
Article 76 providing for the power of parliament to legislate for states in certain cases states that
Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to
land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer
of land, mortgages, leases and charges in respect of land, easements and other rights and interests in
land, compulsory acquisition of land, rating and valuation of land, and local government; and Clauses (1)
(b) and (3) shall not apply to any law relating to any such matter (Art. 76). Further Article 84 sets forth
provisions regarding the acquisition of land for federal purposes and Article 85 provisions regarding the
Grant to Federation of land reserved for federal purposes. Article 86 sets forth that Where any interest in
land is vested in the Federation, or in a public authority, for any purpose, the Federation or the public
authority may dispose of that interest or any smaller interest in the land to any person as it deems fit.
Where any interest in land in a State is disposed of by or to the Federation or any public authority in
pursuance of this Article or of Article 85, it shall be the duty of the Government of that State to register
the transaction accordingly. Further Article 91 establishes a national land council.
7.3 Natural resources:
Article 91 establishing a Land Council sets forth in its 5th paragraph that It shall be the duty of the
National Land Council to formulate from time to time in consultation with the Federal Government, the
State Governments and the National Finance Council a national policy for the promotion and control of
the utilisation of land throughout the Federation for mining, agriculture, forestry or any other purpose,
and for the administration of any laws relating thereto; and the Federal and State Governments shall
follow the policy so formulated. Article 92 providing for the development plan sets forth a plan for the
development, improvement, or conservation of the natural resources of a development area, the
exploitation of such resources, or the increase of means of employment in the area.
7.4 Energy:
No specific provisions regarding this matter.
7.5 Agriculture:
Please see title 7.2
7.6 Livestock:
No specific provisions regarding this matter.

7.7 Fisheries:
No specific provisions regarding this matter.
7.8 Forestry:
Please see title 7.2
Descriptors (General): codified constitution
Descriptors (Agriculture): agricultural development; policy/planning; governance; access-to-justice;
constitutional law; traditional rights/customary rights; gender and natural resources; local government;
property rights; public participation; sustainable development
Descriptors (Environment gen.): pollution control; environmental planning; environmental security
Descriptors (Food and nutrition): food quality control/food safety; right to food; food security/food
shortage/food aid; human rights
Descriptors (Land & soil): land tenure; agricultural land; institution