Malaysian Constitution (m/s 61 Visual Mind Map, Text book m/s 108)

Focus on Main Provision

Main provision in constitution [15 marks]

Language
Citizenship
Religion
Fundamental right
Special position of Malays
Malay and native communities of Sabah Sarawak
Rejection and termination of the Federation

1. Language (malay language) [ 3 marks]

(Why?) Malay language is national language due to:

o Was a lingua franca in the region, widely being used during the
Golden Age of Malacca for business transaction.
o Very easy to learn and has been widely used among the communal
groups.
o Romanized letters besides Jawi in which has been widely used since
the use of English.
o The structure of the language has clear phonemes easy to spell
based on fixed and firm principles.
(Which article?) In Malaysian Constitution, the provision of the Malay
Language as the national language is recorded under Article 152, Section
XII which underlines:
o The National Language decide upon is the Malay language.
o Nobody is prohibited or hindered from using, teaching or learning
another language
o The government has the right to maintain the use and learning of the
language of any other community in the Federation.

2. Religion (Islam) [3 marks]

(What?) Islam is official religion but other religion can be practiced

peacefully
(Why?) Islam came to Malaysia more than 500 years ago before Malacca was
subjugated by Portuguese in 1511. British never interfere in matters of
religion
(Which article?) According to Article 3(1), Islam is the Federations official
religion. At the same time, freedom of worship by followers of other religion is
assured. The constitution further clarifies that the government can enact laws
to control or curtail whatever beliefs deemed to be deviational. Besides, the
constitution also clarifies the power of the State Legislative Assembly to
enact articles concerning law and include authority to establish the Syariah
court with power over Muslims.
(How?) Specific actions taken in highlighting the importance of religion:
o Rukun Negara first principle national ideology emphasizes the
importance of having religion
o Islam as a subject that officially taught in curriculum other religion
can have teachers if certain conditions are fulfilled) Moral Education
(values of moral and religion)
o Facilities of worship financial aid and support from government
o Support during ceremonies for safeguard security and calm.

3. Citizenship [3 marks]

Special status that gives right, benefits and certain facilities:

o Right to vote in an election
o Right to take part in politic
o Free to own landed property and to be considered for special terms
relating to property development.
o Right to receive number of benefits and facilities welfare benefits,
education etc
o Freedom to move throughout country
o Right not to be exiled
Ways Acquiring Citizenship
o Jus soli laws of birth place, regardless of the status of mother or
father, automatic for those who born in Malaysia between 31 st august
1957 to October 1962. More than Oct 1962, can get citizenship if at
the time of his birth, either the mother or father is a citizen or
has been residing in the country, or he was not a citizen in any
country.
o Jus Sanguinis laws of blood descent. Relies solely on the
citizenship status of father.
o Marriage given through registration with the condition to be
fulfilled, i) husband is a citizen in October 1962 or prior to that and
marriage is still binding, ii) woman live in the Federation for two years
before the application made, has intention to continue living in the
federation and is of good conduct.
o Naturalization aged 21 and above, lived at least 10 out of 12
years from and up to the date of application, have intention to live
permanently and of good conduct and have sufficient knowledge of the
Malay language.
Loss of Citizenship
o Be citizen of other country
o Enjoy all facilities and right in other country
o A woman becomes citizen of a foreign country through marriage.
o Acts negatively show no longer loyal to Malaysia
o Has business or ties with a hostile country
o Gives service to another country without permission
o The citizenship is falsely obtained

4. Fundamental Right [3 marks]

Fundamental rights has been written under fundamental liberties.

o Freedom of worship
o Personal Freedom
o Economic freedom
Freedom of worship: Article 11 and 12 - very person has right to practice a
religion, aperson under 18 years cannot be asked to take part in a religious
ceremony other than his own, a person cannot be asked to pay whatsoever
tax if what is collected is used for the interest of a religion other than his own,
group of the same religion have the right to organize religious business
inclusive of the setting up of a foundation and owning property.
Personal freedom: A person cannot have his life taken away or his freedom
destroyed except as required by law. For example, a person whose wrong has
been proven by the court can be jailed. A person is allowed to speak and
voice his opinion or gather peacefully and to form associations.
Economic freedom: Malaysians are protected from being turned into slaves.
Prohibits the use of force on a citizen to work except for the intent of the
country. Malaysians has the right to own properties. If government take, pay
compensation.

5. Special Position of Malay and Native Communities of Sabah and Sarawak [3

marks]

Special provision Article 153 protects the right of Malays and Bumiputras of
Sabah and Sarawak.
Even though it seems to clash with the equality of constitutional treatment
for all citizens in the Federations, it is a consideration to bring the Malay and
the Bumiputras of Sabah and Sarawak to the same economic and education
status as the other races. By this, it may be possible to sustain political
stability and public peace.

Separation of power (text Book m/s 67)

https://en.wikipedia.org/wiki/Government_of_Malaysia
Intro

Federation of Malaysia practices parliamentary democracy.

Adopt under Article 127 of the Federal Constitution
Three main bodies (divisions) the Executive, the Legislative Body, the
Judiciary
Aim: to ensure the neutrality or objectivity of each of the bodies.
Each body cannot influence the decision or action taken by another body.

The Executive

Executive body at the federal and state level has power to govern. It is
responsible to carry out the matters of governing and administration
and does not involve itself in the matters and affairs of legislatives and
judiciary.
Role to implement the laws that has been passed by the legislative body.
According to Article 39, the power of the executive at federal level lies in
the hands of Yang di-Pertuan Agong with the advice of the Cabinet or a
Minister (Article 40, [1])
The executive known as Cabinet (Federal level) and State Executive
Council (state level).
Cabinet is headed by a Prime Minister with Ministers appointed by Yang diPertuan Agong on the advice of prime minister. Made up of those who
represent the party with a majority in Parliament.
Primary role of Cabinet is to determine governments policies and to
issue directives for their implementation by the government administrative
machinery at both federal and state level, besides acting as advisory body to
Yang di-Pertuan Agong.

The Legislative

Functions to draw up, amend and pass the law.

Exist at two level: Parliament (federal level) and State Legislative Assembly
(state level)
Parliament consists of Yang di-Pertuan Agong and two assemblies of
Parliament; House of Representatives and the Senate.
House of Representatives consists of members of the parliament that has
won parliament seat during general election. serve for 5 years or until the
Parliament is dissolved.
The Senate consists of two kins of member; those elected by each state
legislature and appointed by Yang-Dipertuan Agong. hold his seat for 3
years
Laws drafted by the legislative body must be consented by YDPA (federal
level) and Sultan/Yang Dipertua Negeri to be enforced.

The Judiciary

To defend justice for everyone regardless of the status, special rights, colour,
political ideology, religion, size of the organization or its influence.
According to Tun Mohamed Suffian (1987:138), the courts have four big areas
of jurisdiction:
o The power to interpret the Constitution
o The power to interpret a law
o The power to proclaim a written Federal or State law invalid
o The power to declare a government action as invalid in the eyes of the
law.
Judiciary will keep watch so that the laws do not go against the provisions in
the Federal Constitution. Judiciary can decide if the law are valid or cannot be
enforced.
The judiciary system can be divided into three levels which is Federal Court,
High Court and lower Courts.
Federal Court which is the highest court, has the power to decide on appeals
and about decision of the Court of Appeal, High Court or a Judge.
High Courts High Court of Malaya and High Court of Sabah (Sabah High
Court) and Sarawak (Sarawak High Court/Borneo High Court).
Lower Courts Sessions Courts (District Court for Sabah and Sarawak),
Magistrate Court (Class I and II) and Penghulu Court.
Magistrate Class I and Class II depends on type of cases examined and
fine imposed.
Penghulu Court is the lowest.
Other court:
o Military court : involve member of armed forces
o Industrial court : involve employee and employer
o Syariah court : concern about Islamic law
o Small claim court : civil case of claim less than rm3000

CONTRIBUTION OF ASEAN

To accelerate economic growth development in region

Promote regional peace and stability

Contribution

Make SEA as peace zone

Done diplomatic with vietnam
Freedom from nuclear zone
Increase industry and tourism
Solve problem refugees in Geneva
Asia pacific economic cooperation (APEC)
International conference on drug abuse and heroin trafficking

How to unite multiracial

Level sekolah: Sports 1 Malaysia 1 Murid , 1 Sukan, Sukma

Eid celebration Open house
Merdeka celebration marching, parade,
Sekolah kebangsaan use national language to have same mother tongue
Sharing political power among different ethnic group
Democratic government > easy for people to voice out
Economy growth through equitable redistributing to all races which can
reduce gap between communities
Encourage involvement of student from all races in curriculum

Mind Map (page 92)

Formal Education
Curriculum with complete elements that provide deep understanding
regarding various ethnic in Malaysia. This can inculcate unity spirit in
students.
Co-Curriculum Activities
Encourage all students from various ethnics to involve in co-curriculum
activities.
Continuous Education
Implement continuous education to members of social, cultural, economic
and political organizations by focusing more on human relation, intercultural relation, leadership and conflict resolution.
Social Groups
Creating social groups where all ethnics involved in social, economic,
political and cultural organizations.
Social Activities
Encourage all ethnic groups to involve in social activities such as sport
and game, art and business.

MCQ
1. Duty cabinet (m/s 59)

Determine government policies and issue

Carry out executive power
Advisory body to Agong
Conduct cabinet meeting every Wednesday

2. Duty election commission (m/s 58)

Conduct federal and state election

Register voters, prepare and revise electoral rolls
Review constitution boundaries every 8 years
Decide date nomination and election day
Register candidates
Count and announce result

3. Executive power

Power to govern
Governing and administration
Role to implementing the laws

4. Separation power (m/s 53)

Executive
Legislative
Judiciary
Judiciary legislative and executive has its freedom to carry out its different
function with no conflict of interest
Federal constitution provides separation of power to ensure smooth operation
and avoid disputes

5. What is ASEAN

The Association of Southeast Asian Nations (ASEAN) Bangkok Declaration

8 August 1967
To improve the cooperation among the member nations in economic, social,
cultural, education, technological and administrative matter.

6. Organization under ASEAN (Suggested by Tun Abdul razak)

ZOPFAN (Zone of Peace, Freedom and Neutrality)

7. Organization under ASEAN

ZOPFAN
UN conference
Asean industrial project

APEC

8. General election

Choose representative by citizen for parliament and state legislative

assembly
Every five years
Must held 60 days after dissolution
First GE was requested by UMNO and British in 1954. Contested by PAS, Parti
Buruh, Parti Progresif Rakyat.

9. Wawasan 2020

Malaysia advanced, united, prosperous and progressive

Launch 28/2/1991
9 challenges
Society in 2020: Moral and Ethics, Politics, Distribution of resources, Nation,
Economy

10. Contribution of Mahathir in international

Apartheid

11. Process appointment YPDA (royal highness)

Only sultan that head state

Elect from 9 sultan forming Council of Rulers
Male, Malay, Muslim
Every 5 years

12. OIC

Establish morocco 1969

Economic, social, political among Islamic countries
Tunku abd Rahman 1st general secretary

13. Chineese community which one is wrong

Min
Hokkien
Teochew
Hainansese
Hokchia
Heng hua
Minding
Yue chineese
Cantonese
Kwong sai

Hakka
Wu
Northen chinesse
Hailam

14. What is assimilation?

Entry into domination society through friendship / close connection

15. What is Amalgamation (Eg chindians)

Process happen when culture or races mix to form type of new culture for
example inter marriage

16. United nation

Preserve peace and security

Protect basic right
WHO, UNCHR, UNDP, UNICEF
Malaysia keeping missions: Congo 1960, Iran- Iraq 1988, Namibia, 1989

17. General election (in term of process)

Dissolution of parliament and state assemblies

EC announce nomination and polling dates
Nominations in 4 days after the announcement
Conducted GE in 60 days

18. Head of state Sabah Sarawak

Yang diPertua Negeri

19. Principle of Rukun Negara

Belief in God
Loyalty to King and the country
Upholding the constitution
Rule of law
Good behavior and morality

20. System Kangani

Employer who want buruh from India will send kangani to India to find buruh
Employer will pay kangani

21. National integration 7 aim of integration

Process of uniting various group in society through common identity by put

aside major differences without ignoring the original identity of society.

Xx. What is communal

A force separating different communities based on some form of social or

sectorian discrimination
Attitude of favouring ones ethnic community

22. Commonwealth

Britain and former colonies

Consists of 54 countries
Queen Elizabeth of England is the head of Commonwealth
Malaysia are protected from external aggression through:
British-Malayan Defence Treaty 1957 (Malaya, Singapore, Britain)
Five-Power Defence Treaty 1968 (Malaya, Singapore, Britain, New
Zealand, Australia)

23. Look east policy Mahathir 1983

To be success like japan, taiwan and korea

Process of learning good values of the East (work ethics, technological skills)

24. National privatization policy Mahathir 1993 to reduce burden of government

Transfer from government to private

Reduce government financial and administrative burden
Improve efficiency
Accelerate economic growth

25. National incorporation policy Mahathir learn from private company

Joint venture between private and government sector

Close cooperation between public and government
Countries that apply this policy: Japan, South Korea, Taiwan, Singapore

26. National Unity (Dasar Perpaduan Negara)

Uniting various group that have different background intro one entity

27. National Economic Policy (NEP) Tun Abdul Razak

Eradicate poverty among people

Restructure society
FAMA, MARDI, RISDA, KADA, MADA

28. Main Ethnics in Sarawak

Iban
Bidayuh
Melanau
Kudayan

29. Main Ethnics in Sabah

Bajau
Kadazan
Murut
Suluk

30. Rukun negara (objective)

To achieve a greater unity of all her people

To maintain a democratic way of life
To create a just society in which the wealth of the nation shall be equitably
shared
To ensure a liberal approach to her rich and diverse cultural traditions
To build a progressive society which shall be oriented to modern science and
technology

31. What is right of citizen?

Right for election

Right to take active part in politics
Right to fill a post
Free to own property
Right to receive benefits & facilities
Freedom of movement throughout the country
Right not to exiled

32. What is Malaysian Nation (Bangsa Malaysia)

Civic-based national identity Mahathir

to create an inclusive national identity for all inhabitants of Malaysia, thus
abandoning the National Culture Policy that asserted a Malay ethnic national
identity

33. Hierarchy of Malaysian Court

Federal Court
Court of Appeal
High court of Malay & Sabah & Sarawak
Sessions Court
Magistrate Court

34. How to apply Malaysian citizenship

Jus Soli
Jus siguinis
Marriage
Naturalism

35. What is Bugis People

Originated from Sulawesi Island

Business group

36. Where is the Bugis settlement (Johor and Selangor)

Pahang
Johore, Benut, Kulup, Rengit
Perak, mainly merchants
Langat Valley, Selangor

37. What is divide and rule

Introduced by British to weaken the power of Bumiputras

Give specialty to immigrant