Friday, July 2, 2010


 The Malaysian Constitution covers all the legislative, government and judiciary aspects and has special provisions for application in a country with a diversity of races and religions. Indeed the Malaysian Constitution is a complete and comprehensive as reflected in its thickness and meticulous details.

It is not just fully equipped to meet the needs of an independent country, but is also complete with special feature that make ir unique. The most unique is the practice of constitutional monarchy under the Federal Section. The concept of chief head of state with the status of a 'king' here is thr Yang di Pertuan Agong chosen by the Malay ruler by rotation for a period of five years. The Yang di Pertuan Agong besides fulfilling three functions is also an important member of the Council of Rulers. Another unique feature of the Malaysian Constitution comprise the chapters that apply specifically to Sabah and Sarawak.

These special feature are to adapt to conditions physical structure and population composition resulting fron historical development as set out below:
1. The royal system that existed since many centuries.
2. The position of the states that normally have their own autonomy and strength.
3. The formation of a plural soceity that started with bringing in of Ondians and Chinese by the British.
4. The entry of Singapore, Sabah and Sarawak which diverifies further the composition ot the local population and interest.

It is this background among other things that constituted the basis of the Commission's consideration when carrying out the task of prepering the needed constitution, this is, the Reid Commission for the Constitution of the Federation of Malaya and the Cobbold Commission for a new constitution for Malaysia.

For the Cobbold Commission the adjustments made were for the entry of the three new countries concerned, especially to prepare special provisions for application to these countries. Capters 8, Section IV of the Constitution for example, contains provisions for the states of Sabah and Sarawak on certain matter including the question of relation between the Federation and the state. Chapter XIIA is an additional chapter to determine special provisions on additional protection for Sabah and Sarawak.

The Malaysian Constitution was drawn up for the use of a multi-racial Malaysian soceity. For it to become a fair and practical source of legislation everybody must be ready to accept it. Thus the creators of the Malaysian Constitution from the very beginning took into account the view of the public. Many people took opportunity to give their views while the Constitution was being drawn up. Representatives from official bodies and individuals gave their views and suggestions. For example, the Malay, Chinese and Indian communities through the UMNO, MCA and MIC leaders, had a meeting to discuss the draft Constitution. In this manner, the commissions concerned managed to produce constitution that satisfied everybody.

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