History of the malaysian constitution essay

Visit Website The Articles of Confederation gave Congress the power to govern foreign affairs, conduct war and regulate currency; however, in reality these powers were sharply limited because Congress had no authority to enforce its requests to the states for money or troops. Visit Website Did you know? George Washington was initially reluctant to attend the Constitutional Convention. Although he saw the need for a stronger national government, he was busy managing his estate at Mount Vernon, suffering from rheumatism and worried that the convention wouldn't be successful in achieving its goals.

History of the malaysian constitution essay

Fundamental Liberties[ edit ] Fundamental liberties in Malaysia are set out in Articles 5 to 13 of the Constitution, under the following headings: Some of these liberties and rights are subject to limitations and exceptions and some are available to citizens only for History of the malaysian constitution essay, the freedom of speech, assembly and association.

Article 5 — Right to Life and Liberty[ edit ] Article 5 enshrines a number of basic fundamental human rights: No person may be deprived of life or personal liberty except in accordance with law. A person who is unlawfully detained may be released by the High Court right of habeas corpus. A person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice.

A person may not be arrested for more than 24 hours without a magistrate's permission.

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Article 6 — No Slavery[ edit ] Article 6 provides that no person may be held in slavery. All forms of forced labour are prohibited, but federal law, such as the National Service Actmay provide for compulsory service for national purposes. It is expressly provided that work incidental to serving a sentence of imprisonment imposed by a court of law is not forced labour.

Article 7 — No Retrospective Criminal Laws or Increases in Punishment and no Repetition of Criminal Trials[ edit ] In the area of criminal laws and procedure, this Article provides the following protections: No person shall be punished for an act or omission which was not punishable by law when it was done or made.

No person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where a retrial is ordered by a court.

Article 8 — Equality[ edit ] Article 8 by clause 1 provides that all persons are equal before the law and entitled to its equal protection. Article 9 — Prohibition of Banishment and Freedom of Movement[ edit ] This Article protects Malaysian citizens against being banished from the country.

It further provides that every citizen has the right to move freely throughout the Federation but Parliament is allowed to impose restrictions on the movement of citizens from Peninsular Malaysia to Sabah and Sarawak.

Article 10 is a key provision of Part II of the Constitution, and has been regarded as "of paramount importance" by the judicial community in Malaysia. However, it has been argued that the rights of Part II, in particular Article 10, "have been so heavily qualified by other parts of the Constitution, for example, Part XI in relation to special and emergency powers, and the permanent state of emergency that has existed sincethat much of [the Constitution's] high principles are lost.

Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Actwhich makes it a crime to disseminate information classified as an official secret.

Laws on freedom of assembly[ edit ] Under the Public Order Preservation Actthe relevant Minister may temporarily declare any area where public order is seriously disturbed or seriously threatened to be a "proclaimed area" for a period of up to one month.

The Police has extensive powers under the Act to maintain public order in proclaimed areas. These include the power to close roads, erect barriers, impose curfews, and to prohibit or regulate processions, meetings or assemblies of five persons or more.

General offences under the Act are punishable by imprisonment for a term not exceeding six months; but for more serious offences the maximum prison sentence is higher e. However the relevant sections of the Police Act dealing with such gatherings have been repealed by the Police Amendment Actwhich came into operation on 23 April The Peaceful Assembly Actwhich came into operation on the same day, replaced the Police Act as the principal legislation dealing with public gatherings.The Federal Constitution of Malaysia, which came into force in , is the supreme law of Malaysia.

The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, .

May 30,  · Watch video · America’s first constitution, the Articles of Confederation, was ratified in , a time when the nation was a loose confederation .

Constitutional history of Malaysia The federation of Malaysia is comprised of 13 states and 3 federal territories on the Malay Peninsula and on the northern part of the island of Borneo. The country is bordered by Thailand and the South China Sea on the north, and .

The foundation of the Constitution of Malaysia was laid on 10 September It began with the first meeting of the Council of State in Perak, where the British . The reason why the Malaysian Constitution exists is to ensure political stability, preventing abuse of power, to ensure equality to the people of the country, maintaining the fundamental rights of freedom as a democractic country, and to maintain special rights for the indigenous communities.

Federal Constitution of Malaysia. The Federal Constitution of Malaysia is considered as the supreme law in Malaysia. It is actually formed after the Constitution of the Federation of Malaya.

History of the malaysian constitution essay

The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of Malaysia today.

Constitution of Malaysia - Wikipedia