Federal Constitution

Constitution is the assembles of primary principles or established precedent. It is a precedent according to which a state or other organization is governed. The federal constitution of Malaysia is the Supreme law of Malaysia, initially called the Federation of Malaya. Differences between written constitution and none written constitution.

Written constitution is code of rules which is created and fixed in parliament by member of parliaments. It will be finalized and implement by Yang di-Pertuan Agong and Prime Minister. It is applied by Malaysian Law.

Unwritten constitution is a law which has been created by state or some group of people in order to manage some rules. It is applied by English Law. Are we allowed to amend constitutions? Briefly explain.

The constitution itself provides articles 159 and 161E how it may be amended, and in brief there are 4 ways which it may be amended 1. Some provision may be amended only by a two third absolute majority in each house of parliament but only if the conference of rulers consents 2.

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Some provisions of special interest to east Malaysia , may be amended by a two third absolute majority in each house of parliament but only if the governor of the east Malaysian state conquers 3. Subject to the exceptions describe in items four below, all other provisions may be amended by two third absolute majority in each house of parliament , and this amendment do not require the consent of anybody outside the parliament . 4. Certain types of consequential amendment and amendment to three schedule may be made by a simple majority in parliament.

Choose one article and do case studies ( online research )

Article number: 11 1. Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

2. No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

3. Every religious group has the right - A. to manage its own religious affairs; B. to establish and maintain institutions for religious or charitable purposes; and C. to acquire and own property and hold and administer it in accordance with law.

4. State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

The Case

Arqam movement was established by Ashaari Muhammad in 1968 and was distinguished by its rejection of secular state and strict adherence to Islamic way of life, manifested with specific clothing. It was estimated to have approximately one hundred thousand adherents and during the strongest period of the movement they started to challenge the government in relation to right to represent Malays. That led to arrest of the leaders, declaration of movement as unlawful by the National Fatwa Council in 1994 and disbandment of it under Societies Act (1966). After the confession of the deviation from seven members including Ashaari on national television, they were released without charge but restricted in movement under other Restricted Residence Act (1993)