FUNDAMENTAL LIBERTIES

GROUP MEMBERS
MUHAMMAD SUKRI B. AMERUDIN MUHAMMAD RAMADAN B. MAT HUSIN MUIZZUDDIN B. MAMAT TING KEE NYIIN NURATHIRAH BT. AHMAD NASIR NUR HAFIZAH BT. IBRAHIM NUR HASNIDA BT. JUSOH

CONTENTS
BIL 1 INTRODUCTION CONTENT

2
3

OBJECTIVES
3.1 TO DISCUSS THE CONCEPT OF FUNDAMENTAL LIBERTIES 3.2 TO MAKE THE CLASSIFICATION IN ASPECT OF FUNDAMENTAL LIBERTIES

3.3 TO ANALYSIS THE ROLE OF FUNDAMENTAL LIBERTIES IN MALAYSIA

4 CONCLUSION

INTRODUCTION

 Fundamental freedom is a form of rights that should be owned by only citizen who are under a democratic rules. Democracy is a system that provides the opportunity for people to participate in decision or policy development.

 Based on Joseph Raz's book 'The Morality of Freedom'(1986) identification of the fundamental freedom depends on how government's view and assess the public good. freedom should have a special protection grounds on individual interest and at the same time protection the public's good is an aspect of public culture.

 Based on john locke's book "second Treatise on Civil Government "(1960) state that: Human right are including the right not to killed,the right not to be enslaved,not to be tortured by someone and the right to protect their property. Government are responsible to protect the citizen's rights because civil society and government are established based on the principle of public's benefits. All people should be able to comply with their government and accept the majority's decision so that their property wiil be protected.

OBJECTIVES

THE CONCEPT OF FUNDAMENTAL LIBERTIES

 human rights policy is defined as rights such as freedom of expressing an opinion, subscribe to a religion, freedom of movement and others. However, with the development of today's era, defined rights than about the broader view of the absolute right to something that belongs to us and its use depends on our own.
Basicity meaning of human freedom is the series on the rights essential to the development of individuals and local communities in order to live with happiness, peace and harmony together.

 Judge Stayton defines rights as a perfectly justified claim that no more and no less as a claim that is recognized and protected by law. Based on his definition the right is a value that wants someone to protect themself in order to preserve and enhance the life and develop their personality. The right's person to do something have been clarify the duties of other individuals and communities for not to prevent what is done by the individuals concerned.

CLASSIFICATION IN ASPECT OF FUNDAMENTAL LIBERTIES

Article 5 Liberties of The Person Article 6 Slavery and Forced Labour Prohibited Article 7 Protection against Retrospective Criminal laws and Repeated Trials Article 8 Equality Article 9 Prohibition of banishment and Freedom of movement Article 10 Freedom of speech,assembly and association Article 11 Freedom of Religion Article 12 Rights in Respect of Education Article 13 Right to Property

 Articles 5 LIBERTIES OF THE PERSON

(the right of all citizens and those who lives in Malaysia)

(1) No person shall deprived of his life or person liberty save in accordance with law means that a person cannot be killed unless to killed on the death penalty imposed on him/her by the court. therefore, the mandatory death sentance imposed by the court deemed not inconsistant with this.

(2) A guarantees of detantion acocording to law. therefore,a person detaired by the police have the right to be brought to court for trial. if a person has been arrested and tried in court, that person or his representattive can complain to the high court through a writ of hebeas corpus stating that he was arrested and unlawfully. (3) Where a person is arrested he shall be informed as soon as may be of the ground of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. (4) Where a person is arrested and not released he shall without unreasonable delay,and in any case 24hours(excluding the time of any necessary journey)be produced before a magistrate and shall not be further detained in custody without the magistrate's authority.

 Article 6 SLAVERY AND FORCED LABOUR PROHIBITED

(1) no person shall be held in slavery (2) all forms of forced labour are prohibited,but Parliament may by law provide for compulsory service for national purposes. (3) work or service required from any person as a consequence conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this article,provided that such work or service is carried out under the supervision and control of a public authority

 Article 7 PROTECTION AGAINST RETROSPECTIVE CRIMINAL AND REPEATED TRIALS

1. no person shall be punished for an act or omission which was not punishable by law when it was done or made,and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was commited 2. a person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and aretrial ordered by a court superior to that by which he was acquitted or convicted

 Article 8 EQUALITY
All person are equal before the law and entitled to the equal protection of the law. 2. There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State 3. public authority should not be discriminate against any person who live or carrying on business in any part oh the Federation outside the jurisdiction of the authority.
1.

 Article 9 PROHIBITION OF BANISHMENT AND FREEDOM OF MOVEMENT

1. Citizen shall not be banished or excluded from Federation. 2. Every citizen has a right to move freely and living in any part of the federal

THE ROLE OF FUNDAMENTAL LIBERTIES IN MALAYSIA

 INDIVIDUAL
Each individual has a right to their freedom as citizens of malaysia. the article 5 until article 13 in the fundamental liberties that enshrined in the Constitution of Malaysia state about the right of an individual in this country to avoid conflict of opinion or ideas about the right among them Fundamental freedom that have been listed in the Constitution of Malaysia has indirectly eliminate practices that have long praticed by the malay community in particular. individual has a right to express their opinions as long as it does not exceed the limits specified. At the same time, by the law, every individual has the same right of protection from each other. This indirectly emphasizes that people always are equal before the law.

 COMMUNITY
From the perspective of the community, also embodied in a society such as freedom of association and political freedom. to avoid the community association activities that violate the law and fundamental freedom. in addittion, every community has the right and their freedom of religion Religion is an important position within the community despite the difference in race and religion. Besides, every member of society also have their right in property. people need to understand their freedom so that they can unite and join togetherto fight for the right if their right are taken by the party who does not responsible

 GOVERNMENT
in implementing the law to lunch a national administration, the government plays an important role in ensuring citizens right are not violated. This is due to avoid such things as poverty and unemployment rising. plays an important role in eliminating the various patters of discrimination commited by certain parties to the individual or others. must always analyze and apply the fundamental liberties of all relevant articles in the constitution. In the other words, government should be responsible for ensuring the right of all citizens are guaranteed basic freedom

CONCLUSION

These rights are the rights possessed by all human beings are not affected by, race, and citizens and has a double sense of moral and legal terms. Human rights policy is the real substance of community life in the world, which consists of a variety of customs and cultural elements that grow and grow in it. International law of human rights is the law on protection of individual rights protected by an international group of violations committed by governments or especially aparatnya, including in attempts to promote these rights.

THANK YOU