THE CONSTITUTIONAL

CONTEXT OF ETHNIC RELATIONS IN

MALAYSIA

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3.1 Introduction3.2 Defining the Constitution3.3 History of the Legislation of

Malaysian Constitution3.4 Traditional elements of the

Constitution and Social Contracts3.5 Article 33.6 Article 1523.7 Article 153

For a sovereign nation, the constitution is the most supreme law for the country and each individual must respect its dignity.

In the context of Islamic Constitution, the first Islamic nation, Madinah, under the rule of Rasulullah s.a.w had enacted Sahifah Madinah to facilitate a smooth administration of Madinah, which was populated by various ethnics.

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1. A set of rules on the rights, power and procedures, and responsibilities of the parties who are in control of the affinity between authorities, and also the ties between the authorities and public.

2. A policy or formula that states the public roles in a nation and how they are delegated and administered.

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The constitution is a nation’s source of highest rule of law.

It functions as the guide in enacting laws whether by the government or the people.

It is generally divided into two types:

First: written constitution Second: unwritten constitution

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Written Constitution : Legislative laws that is combined and organized as one document.

Unwritten Constitution : all constitutional principles that is not organized in a document like the acts passed by the parliament and verdicts of courts.

Malaysia adopts the written constitution, where the legislative, justice and executive bodies assume power from the constitution.

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Malaysian Constitution is made up of: 15 Bills 183 Articles 13 Jadual

It encompasses the powers of the executive, legislative, justice, status of Islam, citizenship, national language, special standing of the Malays and indigenous peoples of Sabah/Sarawak, etc

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In Malaysia, there is no institution that is above the Constitution.

The three government bodies (legislative, judiciary, executive) & the King are also subjected to the Constitution.

Example: legislative and judiciary powers are subject to the rulings stated in the Constitution.

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Federal or state law on an issue could be deemed invalid by the court if it contradicts the Federal Constitution.

This is because the constitution states in Article 4(1): the Malaysian Constitution is the supreme federal law and any act that is passed that contradicts the constitution is annulled.

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During colonial days, uprising / rebellions by the Malays was a norm.

Other than the bloody uprisings which began since the occupation of the Portuguese in Melaka, Dutch, English and Japan, revolution was also initiated through nationalism.

By the 20th Century, a number of organizations such as the Singapore Malay Organization, Perak Malay Organization, and Youth Malay Movement, became the platform in rebelling against the colonials.

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The mass media such as newspapers and magazines acted as the medium to disseminate information about the resistance, such as Utusan Melayu, Majlis, Al-Imam, Saudara and Warta Sarawak.

Malay intellectuals such as Rahim Kajai, Ibrahim Yaakob, and Pak Sako goaded the Malays into realizing the need to claim for independence.

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After the surrender of Japan, and British came back to the Malay Peninsular, and the British Parliament passed the bills to establish Malayan Union on 10 October 1945.

Sir Harold Mac Michael was appointed as the British representative to obtain the approval of the Malay kings.

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1. To unite the states and improve the efficiency of managing the administration.

2. British held a grudge against the Malays

as they were accused of cooperating with the Japanese, hence they believe that Malayan Union could decrease the powers of the Malays, especially the kings.

3. It was the British’s aim to let the locals administer their own country.

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1. All the Malay states except Singapore were united under the administration of the British Governor, who was aided by the Federal Executive Council and Judiciary Council.

2. Singapore was made a separate colony.

3. The Malay Kings’ sovereignty was abolished.

4. Jus Soli was introduced.

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1. The Malay Kings’ authority was nullified from the state’s administration.

2. Singapore was separated from Malayan Union and remained a British colony.

3. Citizenship status was granted based on the Jus Soli principle.

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4. The equal rights means that the indigenous people did not receive any special privileges.

5. Sir Harold Mc Michael threatened the Malay Kings in getting their signatory.

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Malayan Union was denounced by the Malays

Malayan Union was still proclaimed on 11 April 1946 with Sir Edward Gent as the first governor.

The Malays boycotted the official proclamation and the British finally relented and replaced Malayan Union with the Malaya Federation.

British realized that without the Malay’s support, Malayan Union would not succeed.

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The British established a working committee that was formed of 4 Malay royal representatives, 2 UMNO stalwarts and 6 British officers.

The committee was tasked with the responsibility in forming a new legislation that is acceptable to the Malays.

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Then, the British formed a Committee in December 1947 that comprised of Europeans, Chinese and Indian, to determine the non-Malays’ opinions about the Constitution of the Federation.

The Federation of Malaya was proclaimed on 1 February 1948