Topic 1: the heads of state in Malaysia

30 Pages • Complete Study Notes • Year Uploaded: 2021

1. INTRODUCTION i. Basic Features of Malaysian constitutional law Existence of a written constitution Judicial decisions expound on the wording of the Constitution = constitution is the basic guideline, dependent on constitutional interpretation Supremacy of the Federal Constitution; Art.4(1), Ah Thian v Government of Malaysia [1976] 2 MLJ 112 Constitutional JR: set aside AOP = test the legality of AOP against constitutional provisions Referee: Federal Court (cannot trespass/transgress into the legislative domain = federal & state) Mohd Daud v Government of Malaysia Federalism; Art.1, Part V, Part VI, etc. 13 states; 9 rulers = residual power, if federation no power then it’s for the states 1963 Settlement: special position of Sarawak & Sabah Islam as the religion of the Federation; Art.3(1) Fundamental liberties; Part II The Yang di-Pertuan Agong as a constitutional monarch; Art.32, Art.40 etc. The special position of the Malay Rulers; Art.38, Art.159(5) Affirmative action and the special constitutional position of the Malay and indigenous communities; Art.153 Malay as the National Language; Art.152 Parliament’s power to amend the Constitution; Art.159, Loh Kooi Choon v Government o f Malaysia [1977] 2 MLJ 187 2/3 majority so fundamental rules are not changed = cannot be overridden by transient (temporary) majorities Legally supreme but can be amended: product of historical agreements (other trade-offs and sacrifices made) eg. social contract

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