The First chapter attempts to uncover Malaysia’s historical background, focusing mainly on the prehistoric age and the early history touching on topics such as the people and the ancient kingdoms, the Malay kingdom of Malacca, the colonial era and the Emergency.
History has proven that Malaysia is not a new country. Human has been living in several areas in the country since the Stone Age.
Early Inhabitants
Towards the end of the last decade, a human skull was found 12 feet underground in the Niah Caves, Sarawak. Test revealed that the skull belonged to a 15 year old boy who had been buried in the caves some 40,000 years ago. The discovery provided evidence of the existence of inhabitants in Malaysia, several thousand years ago, marking the early beginnings of her history.
However, later findings in Tampa Fort, Ulu Perak, confirmed remnants of ancient civilization in Kuala Tampan to be 74,000 thousand years old.
The ancient history of Malaysia spans 4 main phases:
- The Paleolithic Age
- Mesolithic Age
- Neolithic Age
- Bronze Age.
Refer to Table 1.1 – Ancient Periods and Early Inhabited Areas
Ancient Ports
Since 5,000 years ago, several places in Malaysia, especially those along the seashores, grew to become very important ports for local residents and the rest of the world. This is because Peninsula Malaysia is located at the crossroads between Chinese, Indian and Arabian trade routes. Besides that, Malaysia’s natural resources attracted many foreign merchants especially from Arabia, India and China.
Several ports were built in the country at that time, like the important ports of :
- Kuala Selinsing in Perak
- Jenderam Hilir in Selangor
- Santubong in Sarawak
Malaysia was rich with natural resources such as resin, cane, gold and tin ore.
Malaysia has been renowned as a great trade area. Indian merchants named Peninsula Malaysia as Suvarnabumi, which means Golden Earth and Ptolemy, a famous Greek geographer, named it Golden Chersonese, meaning Golden Peninsula. These indicated that the Malays were famous in trade since ancient times.
Old Malay Kingdom
Several great kingdoms rose up in Peninsula Malaysia and the areas surrounding the Malay Archipelago. Poweful Malay Kingdoms existed in the Malay Archipelago since the early part of the first century. These kingdoms were center of trade, government and the spread of religion.
PARLIAMENTARY DEMOCRACY IN MALAYSIA
Democracy is a concept that is very meaningful to a country that respects the freedom of the individual in determining the leadership of the country.
Democracy is synonymous with the expressions such as the voice of the people, the freedom of the people or the people that rule
GENERAL ELECTION
TOOLS FOR ELECTIONS:-
- Political parties
- Candidates
- Fishing for voters
- Banners
- Ballot boxes
- State legislative assembly and
- Parliament
Most important issue here is the action of the citizen who fulfills the conditions for voting. The process of choosing a representative is termed “to vote”. The whole process determines which candidate or party wins. This is called election.
SIGNIFICANCE OF THE GENERAL ELECTIONS
- Elections give the citizens the right to pick their own government.
- Elections allow putting into practice the principles of freedom of a citizen, that is, the freedom of the people to determine or choose their own leaders.
- The candidates chosen by the citizens whether for the House of Representatives (Federal level) or State Legislative Assembly (State level) are responsible to the voters from their own constituency.
There will be contest among the number of parties that want to form the government. The party that wins the election at the parliamentary level with a majority, will form the Central government while the party that wins at State Legislative Assembly will form the State government.
The party that wins should fulfill the party’s promises in the election campaign. This is the social contract in the elections.
2 TYPES OF ELECTIONS :-
- the general elections – for the whole country
- by – elections – considered a general elections because the concept itself involves choosing a representative by the citizens.
Differences :-
The first one, is only held after Parliament or State legislative is dissolved. The by-elections do not involve dissolution or any of the assembly.
WHEN ARE THE ELCETIONS HELD?
- Every 5 years. However, a general elections can also he held before the term is up. The Agong must dissolve Parliament. This occurs at Federal level
- Elections must be held within 60 days in west Malaysia and 90 days in east Malaysia.
The by-election is held at the death of a representative or member of the State or Parliamentary or a vacant seat.
THE VOTER AND HIS CONDITIONS:-
- Age 21
- Resides in an election division on the date.
But, if you are not registered as a voter, you cannot vote.
A “non-residing” voter can still vote if:-
- a Malaysian citizen who is working in the Armed forces or commonwealth countries.
- Living overseas but working for the federal or state government.
- Studying aboard.
HO CANNOT VOTE?
- in jail or not fully sound of mind
- in jail for more than 12 months in any commonwealth countries
ELECTION COMMISSION (EC)
Is to convince the people, that the practice of democracy is fully and properly carried out. Article 113 of the constitution says that the EC is responsible for managing and administering the elections. 3 main areas of EC are
- draw up the boarders of the electoral constituencies
- prepare and verify the voters’ list for elections
- manage the election process for the Parliamentary and State legislative constituencies.
The members of EC are appointed by the Agong, ie a chairperson, a deputy and 3 other members.
VOTE AND BALLOTING- read up…page 98
STATE LEGISLATIVE AND PARLIAMENTARY MEMBERS
In general elections, citizens will choose 2 candidates who are deemed qualified to represent them in both the Houses (federal and state).
Any Malaysian citizens 21 years and above qualifies to become a State or Federal excepts if the person has lost his right to become a member. The reasons for this may be:-
- not sound of mind
- bankrupt
- salaried post (govt employees)
- failure to submit his/her statement of expenses for the Parliamentary or State within 33 days after the announcement of the election results.
- Found guilty of criminal charges and was sent to jail for more than 1 year.
- Obtains foreign citizen ship.
- Found guilty of an offence related to elections.
SENATE MEMBERS
- Parliament has 2 Houses i.e the House of Representatives (HR) and the Senate.(S)
HR is to draw up the bills and debate on them, while S is responsible
for further debates and scrutiny of the bills that the HR had passed.
- The members of the Senate also known as Senators, according to article 45 of the constitution are selected and appointed. Members that are picked, represents the states, 2 in each state are chosen by Schedule 7 of the constitution.
- Senators who are appointed, consists of those who have rendered excellent services in public services or have been successful in business, agriculture, art/social welfare. A person can be appointed as a Senator from age 30 onwards.
DURATION IN OFFICE OF A SENATOR
For 1 term (3 years) but not more than 2 terms (6 years). The role of the Senator is also important especially in carefully going through the bills before their presentation to the Agong
END.
Chapter 6
THE SUPREMACY OF THE CONSTITUTION
- The constitution of Malaysia was born at the same time as the birth of Malaysia nation in 1963.
- A constitution is a collection of measures and guidelines for regulating the administration of the country. The guidelines contain, among other things, the basis for making the laws so that the ruling government can put the country in order fairly and efficiently, basic freedoms, rights and responsibilities of various parties including the government and the people, citizenship, judiciary, finance, general elections and distribution of power among responsible parties as in federal and state govn.
BACKGROUND OF THE MALAYSIAN CONSTITUTION
It is from Federation of Malaya Constitution that the Malaysian Constitution (M.U.) begin. With the defeat of Japan at the end of 2nd world war, the administrative order in Malaya, Singapore and Brunei changed. By 1964, the situation was as follows:
- The North Borneo company gave up its rights and power over north Borneo.
- Charles Brook surrendered his power to Sarawak
- The Malay states were divided into 3 forms of government, the Straits settlements, the Federated Malay States and the Non Federated Malay States.
With the above changes, Singapore, north Borneo and Sarawak became separate British territories. Following this, the British combined the states of Penang and Malacca with the other nine Malay states and set up the Malayan Union on 1st April 1946.
MU was dissolved and a new constitution was drawn up on Feb 1st 1948 and was named Federation of Malaya Constitution 1948. following this, a British High Commissioner was placed in the central govn as the highest administrator. The Executive and Legislative council represented the local people.
The approval of the 1948 agreement stated the preparation towards self-rule. The general elections for filling 52 seats in the Federal legislative council was held in July 1955. The Alliance won 51 out of 52 seats and Tuanku Abdul Rahman leader of the party became the Prime Minister.
The success of the multi-racial party was positive.
- The British believed that the colonial territories understood the multi-racial political sharing.
- The British must be prepared for demand by the locals for independence.
- There are awareness among the citizens in the Federation of Malaya to build a new identity using a new approach by working together using the same means.
Following a constitutional meeting in London in 1956, attended by Malayan royalties and govt rep, a commission called REID COMMISSION was formed under the chairman ship of LORD REID to draw up a new constitution for a free and independent Federation of Malaya.
The Reid Commission was a royal comm. approved by the Queen of England and also the Malay rules. The comm. consisted of legal experts from UK, Aust, India and Pakistan. They produced a constitution that was strong and with authority. The constitution grew in strength, was practical and respected. Finally the draft of the Malayan constitution was accepted and declared as the Constitution of the Federation of Malaya on 31st August 1957 and honoured the Federation of Malay as a free and independent country.
6 years later, Singapore, Sabah and Sarawak joined Malaya to become Malaysia. Because of more ethic groups joining Malaya, the Cobbold commission was set up in April 1962. England relinquished her power over North Borneo, Sarawak and Singapore. These 3 countries then became independent and combined with the Federation of Malaya to form the Malaysian Federation with its own constitution.
THE SUPRERIORITY OF THE CONSTITUTION
The Malaysian constitution allocates power to the Federal and State levels. At the federal level Parliament, it is a legislative body with powers to make laws(acts) while the state level is empowered to make laws (enactments – make laws). Both bodies are empowered to make laws and these laws are legal as recorded in the constitution itself.
Parliament also has the power to amend laws that has been made, following the powers made by the constitution. It is clear that the Constitution is supreme. Is there any other party that is supreme in Malaysia ? Yes but not overriding the constitution. The Yang Di Pertuan Agong is supreme as stated in the constitution: (refer to page 111)
- The Agong is the cheif head of the state
- Agong symbolizes the nation.
- Agong is a componet of Parliament and country’s supreme head
- Agong is the supreme commander of the armed forces.
- Agong appoints Chief justice and judges
- All official govn actions and execution of the country’s regulations are carried out in the name of the Yang di Pertuan Agong.
The Content of the Constitution : The Malaysian constitution contains 15 sections, 183 clauses or Articles and 15 Schedules
The main features of the constitution are-
- Malaysian is a federation
- Malaysian is a constitutional monarchy
- Malaysia is a country that practices parliamentary democracy
- Religious freedom with Islam as the official religion of Malaysia
- Supremacy of the constitution and the rule of law
- Doctrine of the separation of power in which the judiciary, the legislative and the govn has each its freedom to carry out its different functions with no conflict of interest.
- Validity and transparency of the judiciary with exclusive powers subject to the provisions of the constitution
- National language, citizenship and the special rights of the Malays and the native tribe of Sabah and Sarawak.
Question : What do you understand by the concept ” Supremacy of the Constitution “? Explain the supreme features of the Malaysian Constution.
Chapter 7 : IMPORTANT PROVISIONS IN THE MALAYSIAN
CONSTITUTION