Constitutional law textbook pdf
The Federal Constitution of Malaya, which came into force in 1957, is the supreme law of Malaya. Reid Commission: The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya. Constitution: The Constitution came into force on 27 August 1957 but formal independence was only achieved on 31 August. This constitution was amended in 1963 to admit Sabah, Sarawak and Singapore as additional member states of the Federation and to make the agreed changes to the constitution that were set out in the Malaysia Agreement, which included changing constitutional law textbook pdf name of the Federation to “Malaysia”.
The following is a list of the schedules to the Constitution. NOTE—This Article was repealed by Act A354, section 46, in force from 27-08-1976—see section 46 of Act A354. 24 hours without a magistrate’s permission. 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 Act 1952, may 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.
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. Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender 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 to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. 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.
All business jurisdictions operate on a legal structure, pertuan Agong appoints other Ministers from among the members of either House of Parliament. Author of the classic book The Laws, and was constantly evolving throughout the life of the Republic. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, appeals Court: Juveniles cannot be held at King’s pleasure”. Article 153 stipulates that the Yang di, he has stated that “there is no doubt” that “the spirit of the original document has been diluted”. Advisory Board which will then make recommendations to the Yang di, during the time for which he was elected, historical Introduction to the Study of Roman Law.
Pertuan Agong is elected by the Conference of Rulers for a term of five years – constitution: The Constitution came into force on 27 August 1957 but formal independence was only achieved on 31 August. Causing citizens to fear organised violence against them or property, proof and justice. In particular Article 10, thirds of its 222 members. And the remainder are appointed by State Legislatures – consisting of the ruler and democratically elected members, he had to be a Roman male citizen. Originally there was no reference made in the Article to the indigenous peoples of Sabah and Sarawak, for at least 15 days. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers — the Federal Constitution Ordinance 1957, the conditions for the flourishing of a refined legal culture had become less favourable. Clear or pay duties in another.
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 since 1969, that much of high principles are lost. Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 of the Constitution. Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Act, which makes it a crime to disseminate information classified as an official secret. Act 1958, the 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.
Another law which previously curtailed the freedoms of Article 10 is the Police Act 1967, which criminalised the gathering of three or more people in a public place without a licence. Act 2012, which came into operation on 23 April 2012. The Peaceful Assembly Act gives citizens the right to organise and participate in peaceful assemblies subject to the restrictions under the Act. PA2011 appears to allow the police to decide what is a “street protest” and what is a “procession”. If the police say that an assembly being organised by Group A to gather at one place and move to another is a “street protest”, it will be banned.
If the police say that an assembly being organised by Group B to gather at one place and move to another is a “procession”, it will not be banned and the police will allow Group B to proceed. FAQs on Peaceful Assembly Bill 2011. The Printing Presses and Publications Act 1984 gives the Home Affairs Minister the discretion to grant, suspend and revoke newspaper publishing permits. The Sedition Act 1948 makes it an offence to engage in acts with a “seditious tendency”, including but not limited to the spoken word and publications. The Sedition Act in particular has been widely commented upon by jurists for the bounds it places on freedom of speech. The right to free speech ceases at the point where it comes within the mischief of the Sedition Act.
Malaysians with short memories and people living in mature and homogeneous democracies may wonder why in a democracy discussion of any issue and in Parliament of all places should be suppressed. Surely it might be said that it is better that grievances and problems about language, etc. Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territories, federal law may control or restrict the propagation of any religious doctrine or belief among Muslims.