THE CONSTITUTION
Purpose of constitution
• Reflecting the sovereignty of a nation.• Determine the pattern of governance.
• The Constitution of Malaysia is at a high level.
• Power loss in the Malaysian government expressly provided in the constitution.
4.1 Definitions and Concepts Constitution
• Definition of the constitution
- Rules and laws that define the organization of government.- The constitutional power to determine the distribution of a state or political community.
- Designed to ensure the safety of members of the community in accordance with the rules.
• The concept of constitutional
- In Malaysia, the supreme law of the constitution.- Parliament is to create and enact laws in accordance with the jurisdiction provided by the constitution.
- Court is empowered to declare the law invalid site as if the laws made are outside the purview of parliament.
- Judicial power is subject to constitutional requirements.
- Yang di-Pertuan Agong as the head of state, will only perform the duties of the Constitution.
- Prime Minister and Cabinet also perform duties in accordance with the provisions of the constitution.
4.2 of the Constitution
• A Written Constitution
- Parliament has the power of the constitution.- The law is made, enacted and amended by Parliament subject to the authority of the Constitution.
- Malaysia's highest authority is the Constitution.
• No Written Constitution
- In Britain is an example of the unwritten constitution.- In Britain, Parliament may make, enact or amend any kind of law.
- The supremacy of the power held by Parliament, not Constitution
-Tradisi, Practices, attitudes and experience an aspect of maintaining the Constitution.
4.3 The supremacy of the Constitution
• Yang di-Pertuan Agong
-YDA Is the head of state, but can not overcome the supremacy of the constitution.- YDA designated site as a constitutional monarch by the Federal Constitution.
- Power, he is subject to the restrictions set by the Federal Constitution.
• Legislative (Legislative)
- Federal Constitution provides that:a) Parliament only to make and enact laws in the Federal Register and the Concurrent List.
b) (DUN) is authorized to make and enact laws or enactments as listed in the State List and the Concurrent List.
c) (DUN) is authorized to make and enact laws listed in any of the above list.
• Executive Director (Administration)
- Federal Constitution provides that sovereignty lies with the YDA.- Power YDA carried out by the PM and the Cabinet.
- PM and ministers discharge their responsibilities in accordance with the provisions of the State Constitution
- At the State level, the State Executive Council exercise the powers provided by the Constitution of the State.
- If the system and structure of government in conflict with the constitution, the government's actions are considered illegal and people need not be followed.
- This explains the supremacy of the Federal Constitution in terms of governance.
• Judicial
- The jurisdiction of the Federal Court in the Constitution in Article 128:a) The law made by Parliament or the Legislative Assembly outside its jurisdiction.
b) The dispute between the Federal Government and the State Government.
- Judge doing theirs duties under powers provided by the Constitution.
- Proving the supremacy of the Federal Constitution in the judiciary.
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