CHAPTER 1

MALAYSIAN CONSTITUTON:
HISTORY & BACKGROUND

1
 SUB TOPIC

The Importance of History &

Tradition

History of the Constitution and

the Law

2
 INTRODUCTION

What is Constitution?
A law that contains
It ensures an efficient,
rules and principles as
honest, sincere,
the basis for the A foundation to ensure
transparent and fair
formation of the continuity of
administration and
governments and administration and
guarantees the
guides the government political stability.
unwavering loyalty of
to exercise power and
the nation.
govern the country

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 FEDERAL CONSTITUTION
• Malaysia's constitution is known as the
Federal Constitution.
• It is a written law document that has been set
up based on two previous documents:
– 1948 Federation of Malaya Agreement
– 1957 Constitution of Independence.
• It is the supreme law. All other laws should
not be contrary to the constitution:

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 “Perlembagaan ini adalah
undang-undang utama
Persekutuan dan apa-apa
undang-undang yang
diluluskan selepas Hari
Merdeka dan yang
berlawanan dengan
Perlembagaan ini hendaklah
terbatal setakat berlawanan
dengan itu”.
Perkara 4(1)

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 HISTORY OF CONSTITUTION
• 1905
The establishment of Federal Council (MMP). All laws made by any state must be
appropriate and not contrary to the laws made by MMP. MMP has no power over the
affairs of Islam and the position of the Malay Rulers.

• 1927
MMP is empowered to make laws for all the Federated Malay States. Malay rulers no
longer participated in MMP discussions. This makes the power of the central
government strong.
The position of the State Council was strengthened and some of the powers that were
formerly carried out by the Secretary General (British Officers) were handed over to
the State Assembly.

Under the Malayan Union (MU) , all powers are in the hands of governors including
the power to forgive wrong persons. Governor may cancel all decisions made by the
Legislative Council. State Legislative Assemblies in each state can only make laws on
local matters only and can be revoked by the Malayan Union Legislative Council.

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• 1948
MU was abolished and the Federation of Malaya was established on 2 February 1948.
The Federal Legislative Council was established. it had the power to make laws. The
High Commissioner has a veto to prevent a bill passed by the Federal Legislative
Council. The State Legislative Council has limited powers as set out in the 2nd
Schedule of the Federation of Malaya Agreement 1948.
• June 1955
The first election was held to elect members of the Federal Legislative Council.
• March 1956
The Constitution Committee was formed by Lord Reid. The Committee was tasked
with drafting the Federal Constitution to establish a federal government. The
constitution was enforced on 31 August 1957.
• July 1963
The Malaysia Agreement was signed in London by the British government. Under this
agreement the British parliament will pass a law to give independence to Singapore,
Sabah and Sarawak which will each have a new constitution. For the Federation of
Malaya, the Federal Parliament will approve a law called the Malaysian Act to amend
the Federal Constitution. The Malaysian Act was approved on 26 August 1963.

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 LANGUAGE

PERSONAL
RELIGION
RIGHTS

Main
Provision

SPECIAL
CITIZENSHIP
PRIVILEGES

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THANK YOU

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