The Supremacy of the

Constitution
The Malaysian Constitution began
with the Federation of Malaya
Constitution drawn up for
independent Malaya

 When the Malayan Union was dissolved, a

new constitution known as the Federation
of Malaya Constitution was drawn up and
came into effect on 1 February 1948
The Malaysian Constitution which came
into effect on 16 September 1963 is based
on the Federation of Malaya Constitution
with some amendments made to
incorporate the joining of Sabah and
Sarawak into Malaysia (Cobbold

Commission)
The Constitution has special status
and is the only institution or source
of legislation that is permanently
supreme
The Parliament of Malaysia does
possess unlimited power like in
Britain because it is given power by a
written constitution
Its situation is consistent and firm

 The Malaysian Constitution allocates

power to the federal and state levels
The authority and responsibility at
each level is clear
At the Federal level, Parliament is a
legislative body with powers to make
laws (acts) while at the state level,
the State Legislative Assembly is
empowered to make laws
(enactments)

 The Constitution also states very clearly that

there are areas of common legislation, and
this is embodied in Schedule 9 of the Joint
List
Both legislative bodies are empowered to
make laws and these laws are legal as
recorded in the provisions embodied in the
Constitution itself
Whatever laws made outside their jurisdiction
are illegal or outside the power specified in

the Constitution, the court has the

power to annul Parliament or DUNs
action that is outside the limits of
their power
This is what we mean by the
constitution being the countrys
supreme source of legislation
The court acts as a body that
controls and safeguards the
supremacy of the Constitution

 However, Parliament also has the power

to amend laws that have been made,
following the powers determined by the
Constitution, while the Constitution is
generally supreme in terms of giving
power (legislation) to Parliament, the
State Legislative Council or the court
Thus the other bodies are only supreme in
certain matters as provided in the
Constitution

 The position of the YDP Agong is supreme

as clearly stated in the Constitution, but
not overriding the Constitution:
1. His Majesty is the chief head of state and
the object of every citizens allegiance
and obedience
2. The YDP Agong symbolizes the nation
3. His Majesty is a component of Parliament
and the countrys supreme head

4. His Majesty is the supreme commander

of the armed forces
5. His Majesty appoints the Chief Justice
and the judges of the courts to carry out
justice on his behalf and to decide on any
conflict in the laws
6. All officially government actions and
execution of the countrys regulations are
carried out in the name of the YDP Agong

 Although the YDP Agong has a special

position and actually represents all official
institutions and actions of the government,
the Constitution determines that His
Majesty is a constitutional monarch
The limit to the powers of the YDP Agong is
clearly spelt out in the coronation oath
which is determined by the Constitution
His Majestys actions are taken upon the

advice of the Prime Minister, who is also guided

by the principles of the Constitution
This method is called the doctrine of power
separation

The Content of the Constitution

To meet the demands of a multi-racial society,
the Constitution has the right elements for
fostering unity
Such matters form the thrust of the Malaysian

Constitution whose main features

are as follows:
1. Malaysia is a federation
2. Malaysia is a constitutional
monarchy
3. Malaysia is a country that practises
parliamentary democracy
4. Religious freedom with Islam as the
official religion of Malaysia

5. Supremacy of the Constitution and the

rule of law
6. Doctrine of the separation of power in
which the judiciary, the legislative and the
government has each its freedom to carry
out its different functions with no conflict
of interest
7. Validity and transparency of the Judiciary
with exclusive powers subject to the
provisions of

the Constitution
8. National language, citizenship and
the special rights of the Malays and
the native tribes of Sabah and
Sarawak
The Malaysian Constitution contains
15 sections, 183 Clauses or Articles
and 15 Schedules

Uniqueness of the Malaysian

Constitution
The Malaysian Constitution covers all the
legislative, government and judiciary aspects
and has special provisions for application in a
country with a diversity of races and religions
It is complete and comprehensive as reflected
in its thickness and meticulous details
It is not just fully equipped to meet the needs
of an independent country, but is also complete
with special features that make it

unique
The most unique is the practice of
constitutional monarchy under the
Federal Section
The concept of chief head of state
with the status of a king (YDP
Agong) is unusual and is chosen by
the Malay Rulers by rotation for a
period of 5 years

 The YDP Agong besides fulfilling three

functions is also an important member
of the Council of Rulers
Another unique feature is it comprises
the chapters that apply specifically to
Sabah and Sarawak
These special features are to adapt to
conditions of physical structure and
population composition resulting from

1.
2.
3.

4.

historical development as set out below:

The royal system that existed since many
centuries
The position of the states that normally
have their own autonomy and strength
The formation of a plural society that
started with the bringing in of Indians and
Chinese by the British
The entry of Singapore, Sabah and Sarawak

which diversifies further the composition

of the local population and interests
It is this background among other things
that constituted the basis of the Reid
Commission for the Constitution of the
Federation of Malaya and the Cobbold
Commission for a new constitution for
Malaysia
Adjustments such as those in Chapter 8,
Section VI of the Constitution to cater for

certain matters including the question

of relation between the Federation and
Sabah and Sarawak
For it to become fair and practical
source of legislation everybody must
be ready to accept it
Many people of all races and positions
gave their views and suggestions
before the constitution was drafted

Constitutional Amendments
The Malaysian Constitution is not set and
rigid; its alive and functions at all time
Like in other countries, the Constitution can
be amended through the process of
Parliament (Article 159 and 161E)
Some views are criticisms against
constitutional amendments saying that
since it was drafted after carefully thought
out and any amendments made will affect
public

confidence and respect for the

constitution and subsequently for the
executive
However, no country is in fact static
without change; what more at this
age of globalization
With todays many changes, a
countrys system of government
needs constant adjustment
The Malaysian Constitution has

amendments so that adjustment

can be made legally following the
relevant provisions
Generally the reasons and rational
for making constitutional
amendments are:
1. To maintain efficient management of
the countrys administration such as
standardizing the regulations of land
matters in the states of the

2. To control the countrys peace as

happened several times to the
regulations relating to the Internal
Security Act
3. So that the peoples interests can be
protected if it is found that the
present laws are not satisfactory