Malaysian Constitution and Society

Study Notes

Constitutional Society and Theory

During the Melaka Malay Sultanate, laws like the Melaka Sea Legislations and Melaka Laws were upheld, alongside traditional customs like Adat Temenggung and Adat Perpatih.
The modern constitution was introduced after Malaya's independence in 1957 and improved after the Federation of Malaysia was formed in 1963.

Definition of a Constitution

A constitution is a set of principles that determine how a state is established and ruled, outlining the limits of government authority and means of selection, as well as rulers' appointments.
The Federal Constitution of Malaysia consists of 183 articles and is the highest resource of laws in the country.

Attributes of the Malaysian Constitution

Malaysia is a constitutional monarchy and parliamentary democracy with Islam as the official religion.
The constitution ensures the segregation of power and guarantees the freedom of religion.

Aims of the Constitution

To generate a form of fair government that represents all races.
To prevent power abuse by the rulers.
To control the movement of the government and people.
To resolve problems and provide a framework for legislation.
To secure the sustenance of the country.
To ensure peace and stability of the country.

Significance of the Constitution

It is the supreme or fundamental law of the country.
It establishes the basic framework and underlying principles of the government.
It assigns powers and duties to different departments or branches.
It preserves and protects the rights of citizens against the powers of the state.

Types of Constitutions

Written Constitution

A compiled document that outlines the principles and laws of the country.
Fixed and difficult to amend unless there is a provision for amendments.
Examples: The Federal Constitution of Malaysia.

Unwritten Constitution

Covers all principles that are not complied in a document.
Highly flexible and able to adapt to changing times.
Examples: The British Constitution.

Comparison of Written and Unwritten Constitutions

Written Constitution: Clear, definite, rigid; difficult to make changes.
Unwritten Constitution: Highly flexible, able to adapt to changing times; unclear, ambiguous, instability changes.

Description

This quiz covers the concept and theory of constitutional society, with a focus on the Malaysian Constitution, its attributes, aims, and significance. It also explores the differences between written and unwritten constitutions.