Malaysian Federal Constitution: Ethics & Integration

• Chapter 6 discusses the Federal Constitution as the foundation of integration, and it's force for ethics and civilization in Malaysia.
• The learning outcomes include explaining integration foundations, elaborating on the constitution as a foundation of ethics and civilization, and understanding the historical background of the Federal Constitution.

Content Overview:

• Introduction covers, definition, history, and the concept of the Constitution.
• The Constitution is the pillar of strength and foundation of integration.
• Examines the concept, necessity, and appreciation of the foundation of integration.
• Discusses challenges of contemporary interpretation of the Federal Constitution and a conclusion.

Introduction:

• The Constitution of Malaysia, or Federal Constitution, is a written legal document.
• It is based on the Federation of Malaya Agreement 1948 (Perjanjian Persekutuan Tanah Melayu 1948).
• Also based on the Federal Constitution of Malaysia 1957 (Perlembagaan Kemerdekaan 1957).
• The Reid Commission conducted a study in 1956, and the recommendations were used to draft the Malaysian Constitution.
• Constitution officially practiced after independence on August 31, 1957.

History:

• The Federal Constitution is the supreme legal reference for governance and administration.
• It is viewed as a 'social contract' serving the interests of all Malaysians.
• Varying interpretations lead to conflicts and challenges.
• Malaysia remains peaceful due to the existence and respect for the Constitution.

Historical Timeline:

• Laws before colonization
• Followed by the Malayan Union
• Then the Federation of Malaya in 1948
• Ethnic Cooperation (CLC)
• Elections and Alliances
• Drafting by the Constitutional Commission (Reid Commission)

Malayan Union:

• Aims to unify states, improve administrative efficiency, including Federated Malay States, Straits Settlements, and Unfederated Malay States.
• Served as a foundation for British preparation of locals for self-governance.
• The British annulled the Malayan Union after Malay opposition to abolishing the Malay rulers system.
• A Working Committee replaced the Malayan Union Constitution in July 1946, with Malay rulers, UMNO, and British officials representatives.
• The Committee drafted a new constitution.
• In December 1947, the British formed a Consultation Committee with Europeans, Chinese, and Indians to obtain non-Malay views.
• The Constitution of the Federation of Malaya was declared on February 1, 1948.

Federation of Malaya 1948:

• Included nine Malay states, including Penang and Malacca, but Singapore remained a separate colony.
• British High Commissioner led the Federal Government, supported by the Federal Legislative and Executive Councils.
• Sultans maintained the right to rule with advice from State Executive and Legislative Councils.
• Citizenship requirements tightened.
• Applicants born in Malaya needed 8-12 years of residency.
• Foreign applicants needed 15 years of residency, a minimum age of 18, and Malay language proficiency.

Ethnic Cooperation Towards Independence:

• Various ethnic groups collaborated to address constitution, politics, and economy
• Discussed citizenship, the special position of Malays, and educational policies.

General Election 1955:

• First election for the Federation of Malaya had major ethnic relations implications.
• Showed cooperation and tolerance between Malays and non-Malays.
• Tunku Abdul Rahman formed a cabinet with six Malays, three Chinese, and one Indian.
• The Cabinet election showed cooperation by appointing Chinese and Indian members for ethnic balance.
• This cabinet symbolized the beginning of the 'Integration Site'.

Reid Commission (1956):

• Independent commission established to draft the Constitution for independent Federation of Malaya.
• Headed by Lord William Reid, a judge of the Court of Appeal in England.
• Consisted scholars in constitutional law: Sir Ivor Jennings, Sir William Macpherson, Judge B. Malik, and Judge Abdul Hamid.

Terms of Appointment of Constitutional (Reid) Commission:

• One citizenship
• Guarantee position/privileges of Malays and legitimate interests of communities.
• Securing a position for Malay Rulers
• Federal state with federal government power concentration.
• Parliament with two Chambers: Dewan Rakyat & Senate

Concept of Constitution:

• The Federal Constitution is the highest law and a reference point.
• It is a written document that provides guidelines for social conduct.
• Fundamental for building ethics and civilization; serves as the Integration site.
• In use from Malaya's independence (1957) to present.
• The Malaysian Constitution contains 183 articles.
• Viewed as a 'social contract' with provisions for interests of all Malaysian society parties.

Laws Before Colonization:

• Laws of Malacca, Maritime Laws, Terengganu Inscription Stone demonstrated system governance, despite lacking constitution term.
• This indicated constitutional and administrative system before British arrival.
• During British rule, Johor and Terengganu developed their own constitutions in 1895 and 1911.

Federal Constitution Concepts:

• Federal State
• One citizenship
• Islam as the religion of the federation.
• Human Rights
• Constitutions Amendments
• Element of heritage
• Subversive and emergency matter

Constitution as Pillar/Foundation of Integration:

• Binds society with a single law for resolving conflicts.
• Ensures political stability and efficient administration.
• Guarantees safety and well-being.
• Protects all ethnic groups interests with social justice assurance.

Constitution as Pillar of Strength and Integration:

• Clause 153 of Malaysian constitution states the national is the Malay language.
• Article 2 ensures religion freedom practice for everyone.
• Article 3 recognizes Islam as the Federation's religion, with other religions freely practiced

Elemen Warisan (Heritage Elements):

• Referring to ORIGINAL ELEMENTS that represent national introduction or identity.
• These original elements/traditions are preserved with constitution specific roles.
• Often called "PILLARS OF THE FEDERAL CONSTITUTION" or indigenous elements.

General Characteristics of Federal Countries:

• Supremacy of Constitution
• Shared Sovereignty
• States granted autonomy as agreed upon.
• The highest court interprets the constitution.
• Equality between states
• Article 4(I) Constitution invalidates conflicting laws.
• Constitution serves as main reference in administration.
• Policies consistent/not conflicting with constitution.
• Constitution is the third pillar of the Nation, and is supreme

Citizenship:

• Allocations of Malay privilege
• Four ways to get citizenship: Legal operations, Registration, Naturalization, A combination of regions
• Lost of citizenship – lost of loyalty

Human Rights:

• Guarantee civil and political rights (life, religion, speech, education, property).
• Freedom isn't absolute, considering Malaysian society and safeguarding Malays' position and other communities' interests.
• Freedom isn't absolute, dependent to country order/security and taking care of citizenship aspects, the king position, the Malay language.

Procedures for Constitutional Amendments (Perkara 159):

• If there's a simple majority, amendments can occur by 2/3 of MPs or 2/3 majority the Consent of the Conference of Rulers
• Article 16 IE 2/3 Majority + consent of His Excellency Sabah @ Sarawak
• A 2/3 Majority vote on State House, Dewan Rakyat, Consent of the Conference of Rulers is required for amending Article 10(4)

Integration Sites:

• Abstract/real spaces with diverse parties groups, ethics, civilizations striving agreements in peace/harmony.
• Macro (Top to Bottom): Constitution
• Meso (Bottom to Top): Non-Governmental Organizations (NGOs)
• Micro (Grassroots Initiative): The Role of the People

Macro aspects of concept, needs, and appreciation:

• Laws are government made for people to resolve existing conflicts.
• Constitution is part of it, and should be obeyed
• Neighbourhood Association Area
• Federal System
• National Education System, vernacular, international)
• Religion is active simultaneously and is protected by the Constitution.

Meso aspects of concept, needs, and appreciation:

• Operated by the people through associations, committees, institutions or Non-Government Organizations (NGOs)
• Organization registered outside government, voluntary, and not in political parties.
• Serves as intermediary between the people and government.
• Means for voice of the people and service delivery sector.

Micro aspects of concept, needs, and appreciation:

• This involves citizens acting to ensure harmony.
• Socializing at mamak shops and attending weddings of different races to represent cultural exchange and unity are part of this process.

Kelantan Case Study:

• Integration Site, Community and Cultural Meeting Space
• Kelantan is an integration site.
• Malay-Muslim majority (94% of Kelantan's population)
• Minorities include Kelantan Peranakan Chinese, Siamese, Orang Asli, and Indian Muslims.

Majority-Minority Integration Processes:

• Assimilation: Minorities embracing majority group's culture (Siam Kelantan: language).
• Accommodation: Mutual respect for norms/values (Siam Kelantan: religion, customs, language).
• Acculturation: Cultural element borrowing among ethnicities (Siam Kelantan: food, arts, fashion).
• Amalgamation: Biological assimilation through marriage (Siam Kelantan: intermarriage).

Kelantan Siam Integration:

• Cultural & Heritage Administrator (Culture & Heritage Camp)
• Fans/Cultural Activists of Wayang Kulit Kelantan (performing Ramayana in Kelantan dialect)
• Member of two Wayang Kulit Siam teams, and became the Tok Dalang with Kelantan Malay members.

Federal Constitution Contemporary Interpretation Challenges:

• Constitution integration, ethics appreciation faces national and world level challenges
• Malaysians must address to overcome these challenges.

Addressing Security Threats:

• Security concerns that the state face are:
• Subversive
• Major Emergency
• Organized crime

Conclusion:

• Malaysia uses a Constitutional approach.
• Constitution balances Malays, Chinese, and Indians through UMNO, MCA, and MIC.
• Balance is essential for universal harmony.
• Every level of society needs to understand and be open to issues with Islam and the Malays in the constitution.