why malaysia needs her own written constitution


Everything has its merits and demerits including the written law. And see Groves Constitution Amendment Act 1962 1962 4 Malaya Law Review 324 1.


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The guideline for Constitution is mainly on the basis for making laws to rule the government in the country for fairly and efficiently.

. Introduction to the Supremacy of the Constitution. For example the State of Perlis was permitted some variation in the essential provisions of its constitution. 3 Disadvantages of a written constitution Demerits 31 Difficult to amend.

Ii The State Constitution that comprises the 13 states of Malaysia and each possesses their own constitution which governs that state. Besides that the outline of the constitution is also to provide basis freedom rights. The guideline for Constitution is mainly on the basis for making laws to rule the government in the country for fairly and efficiently.

The unprecedented change of government offers an opportunity to strengthen democratic constitutionalism in Malaysia. 5citizenship- it determines the various provisions for gaining and losing citizenship of. In order to cope with such changes the constitution needs to be revised or amended.

2 The States of the Federation shall be Johore Kedah Kelantan Malacca Negeri Sembilan Pahang Penang Perak Perlis Sabah Sarawak Selangor and Trengganu. The country is bordered by Thailand and the South China Sea on the north and the straits of Malacca and Singapore on the south. The 8th Schedule of The Federal Constitution recognizes the State Constitution.

The Constitution should be subjected to a morally charged constructive interpretation. The Malaysia constitution is a measureable collective and guidelines to regulating the administration of a country. 23 It is easy to understand the content of the constitution.

Written law consists of. Iii Legislation are laws made by. Interpretation should be rightsbased and principlebased.

These rulers also elect a Timbalan deputy di-Pertuan Agong. A written law cannot easily cope with the changes over the time. I The Federal Constitution is the supreme law in the country.

IN order to make the Federal Constitution understood by everyone the MyConstitution campaign has simplified it. There are some of the reasons why Malaysia needs her own written constitution. Proposals for constitutional reform.

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 original intention of the lawmaker theory should also be rejected. 1 The Malaysia constitution is a measureable collective and guidelines to regulating the administration of a country.

The written constitution is too rigid to make necessary changes or amendments easily. The Federal Constitution of Malaysia and the USA Constitution is a written constitution. Besides that the outline of the constitution is also to provide basis freedom rights.

1 The Federation shall be known in Malay and in English by the name Malaysia. See for example Article LXIII of the Constitution of Selangor. Strengthening judicial independence enhancing electoral fairness and removing.

The judge should reject the face value plain view or literal meaning approach to interpretation. Constitution of Malaysia PART I - THE STATES RELIGION AND LAW OF THE FEDERATION Article number. Malaysia is a parliamentary democracy with a federal constitutional monarch the Yang di-Pertuan Agong as head of state.

Things can change in a country over time. This monarch is chosen for a five-year term from among their own number by the nine hereditary rulers of Peninsular Malaysia. 22 It cannot be frivolously tampered with.

View jounal week 9docx from EGE MPU12-I at Xiamen University Malaysia. Mahathir has clearly stated that he wants to restore the rule of law and uphold the constitution in Malaysia. Institutions established by the Constitution the Separation of Powers.

The Constitution has been divided into nine sections. 25 It reduces clash of functions of the arms of government. 4directives- it contains the directives to the government to make law determines the territory of state and country- the constitution limits the territory of the whole country and the states.

24 It avoids dictatorship by rulers. It covers nearly 330000 square kilometres and is home. A written constitution is distinguished with a unwritten constitution by the fact that it is codified written and embodied in a single set of document or a series of document containing the fundamental rules of the state whereas a unwritten constitution does not mean.


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