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Questions and Answers
Islam is the official religion of Malaysia, but the country is not a theocratic state.
Islam is the official religion of Malaysia, but the country is not a theocratic state.
True
The Federal Constitution of Malaysia establishes a separation of the legislative and executive branches.
The Federal Constitution of Malaysia establishes a separation of the legislative and executive branches.
False
The Federal Constitution of Malaysia is the supreme law of the country.
The Federal Constitution of Malaysia is the supreme law of the country.
True
The judiciary in Malaysia is not separate and independent from the legislative and executive branches.
The judiciary in Malaysia is not separate and independent from the legislative and executive branches.
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Article 75 of the Federal Constitution states that federal law takes precedence over state law in areas where both parties may also legislate.
Article 75 of the Federal Constitution states that federal law takes precedence over state law in areas where both parties may also legislate.
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The Federal Constitution of Malaysia does not enshrine fundamental rights of the individual.
The Federal Constitution of Malaysia does not enshrine fundamental rights of the individual.
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Muslim law in Malaysia only applies to non-Muslims.
Muslim law in Malaysia only applies to non-Muslims.
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The head of the Muslim religion in Penang, Malacca, Sabah, and Sarawak is the Sultan.
The head of the Muslim religion in Penang, Malacca, Sabah, and Sarawak is the Sultan.
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According to the Federal Constitution of Malaysia, the Supreme Head of the Federation is titled 'Yang di-Pertuan Agung'.
According to the Federal Constitution of Malaysia, the Supreme Head of the Federation is titled 'Yang di-Pertuan Agung'.
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The Federal Constitution of Malaysia does not establish a system of parliamentary democracy.
The Federal Constitution of Malaysia does not establish a system of parliamentary democracy.
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The Federal Constitution grants States the power to administer Muslim Law.
The Federal Constitution grants States the power to administer Muslim Law.
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The Syariah Courts enforce Muslim Law in Malaysia.
The Syariah Courts enforce Muslim Law in Malaysia.
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The Federal Constitution can only be amended by a simple majority vote in the legislature.
The Federal Constitution can only be amended by a simple majority vote in the legislature.
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Each state in the Malaysian Federation has its own constitution in addition to the Federal Constitution.
Each state in the Malaysian Federation has its own constitution in addition to the Federal Constitution.
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Laws enacted by the Malaysian Parliament before 1957 are called Acts.
Laws enacted by the Malaysian Parliament before 1957 are called Acts.
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Malaysian laws can be found in the judicial decisions of the High Court, Court of Appeal, and the Federal Court.
Malaysian laws can be found in the judicial decisions of the High Court, Court of Appeal, and the Federal Court.
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The doctrine of binding judicial precedent, also known as $\text{stare decisis}$, is not practiced in Malaysia.
The doctrine of binding judicial precedent, also known as $\text{stare decisis}$, is not practiced in Malaysia.
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The state constitutions in Malaysia contain provisions enumerated in the Seventh Schedule of the Federal Constitution.
The state constitutions in Malaysia contain provisions enumerated in the Seventh Schedule of the Federal Constitution.
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Study Notes
Federal Constitution
- Federal Constitution is the supreme law of the country and can only be changed by a two-thirds majority of the total number of members of the legislature.
- It lays down the powers of the Federal and States Governments and enshrines fundamental rights of the individual.
State Constitution
- Each State has its own constitution, which regulates the government of that state.
- The State Constitution contains provisions enumerated in the Eighth Schedule to the Federal Constitution.
Legislation
- Legislation refers to law enacted by a body constituted for this purpose.
- In Malaysia, laws are legislated by Parliament at federal level and by the State Legislative Assemblies at state level.
- Laws enacted by Parliament before 1957 are called Ordinances, while those made after 1957 are called Acts.
Judicial Decisions
- Malaysian laws can also be found in the judicial decisions of the High Court, Court of Appeal, Federal Court, and the then Supreme Court, Federal Court, and the Judicial Committee of the Privy Council.
- The system of binding judicial precedent, called stare decisis, is practiced in England, Malaysia, and other common law countries.
Federal System
- Malaysia is a Federation of thirteen States with a written constitution, the Federal Constitution.
- The Federal Constitution establishes a Westminster type of parliamentary government with no separation of the legislative and executive branches.
- The judiciary remains separate and independent.
Sources of Malaysia Law: Muslim Law
- Muslim law applies to all persons who are Muslims and is of particular importance in family matters (e.g. marriage and divorce) and estate matters relating to the division of property and assets when a person dies.
- The Federal Constitution provides that States have the power to administer Muslim Law.
- The courts which enforce Muslim Law in the country are the Syariah Courts.
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Description
Learn about the differences between the Federal Constitution and State Constitution, including the requirements for amending rights and government regulations. Understand the unique features of these two governing documents.
