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8/20/2019 Important Provisions in Malaysian ConstitutionCh 6
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IMPORTANT PROVISIONS
IN MALAYSIANCONSTITUTION
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Main Features of Constitution
1. Malaysian is a federation
2. Malaysia is a constitutional monarchy
3. Malaysia is a country that practises parliamentarydemocracy
4. Religious freedom with Islam as the officialreligion of Malaysia
5. Supremacy of the constitution and the rule of thelaw
6. octrine of the separation of power in which the !udiciary" the legislati#e and the go#ernment hasits freedom to carry out different functions with noconflict of interest
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$. %alidity and transparency of the !udiciary with
e&clusi#e powers su'!ect to the pro#isions ofthe constitution
(. )ational language " citi*enship and the special
rights of the Malays and the nati#e tri'es of
Sa'ah and Sarawa+
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Language
, -e need a national language for generalcommunication and official language to unite thepeople of different ethnic origin" each with theirown spo+en language.
, he Malay language was chosen as the national
and official language 'ecause /1. he language was the lingua franca in the region
for centuries. It was widely used during thegolden age of Malacca. he foreign traders used
Malay language in their 'usiness transactions.2. he Malay language is #ery easy to learn. henati#e spea+ers of Malay language far e&ceededthe spea+ers of other languages
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3. he Malay was more solid in terms and
pronunciation.4. he Malay language uses the romanised
letters 'esides 0awi.
5. he structure of Malay language has clear
phonemes" that is" sylla'les that are easy tospell 'ased on fi&ed and firm principles.
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Religion
, Islam is the official religion of the federation 'ut
other religions are allowed to 'e practised in peaceand harmony in any part of the federation
, In states that ha#e a rulersultan as head of state"the rulersultan is the head of Islam in his own state
, or states without a sultan Sa'ah" Sarawa+"Malacca and enang and the ederal erritoriesuala 7umpur" 7a'uan and utra!aya the head ofIslam is the 8ang di9ertuan :gong.
, Religion is #ery important 'ecause it is the most'asic matter in our life.
, :ll religions teach god and condemn e#il.
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Citizenship
, ;iti*enship is a special status held 'y the peoplewho ha#e the rights to 'e in the country., he status gi#es rights" 'enefits and certain
facilities., he special rights of a citi*en are /
1. he right to #ote in an election
2. he right to ta+e an acti#e part in politicsincluding contesting for election seat
3. he right to fill a post that is e&clusi#ely for
citi*ens only4. ree to own landed property and to 'e considered
for special terms relating to property de#elopment
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5. he right to recei#e a num'er of 'enefits and facilitiesin the country including welfare 'enefits and education
6. reedom of mo#ement throughout the country
$. he right not to 'e e&iled, : citi*en also should fulfill his responsi'ilities/
1.
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, here are 4 ways of ac=uiring citi*enship inMalaysia/
1. 0us Soli
, >ased on the laws of the 'irth place.
, Regardless of the status of the mother or father"
citi*enship status is automatic for people 'orn inMalaysia 'etween Independence ay 31 :ugust1?5$ and @cto'er 1?62.
2. 0us Sanguinis
, Refers to the laws according to 'lood descent., It relies solely on the citi*enship status of the
father
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, If the father of the newly 'orn is a citi*en" he too'ecomes a citi*en" regardless whether he is 'orn
outside the country3. Marriage
,
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4. )aturali*ation
, ro#ides the opportunity to residents whoare not in Malaysia to 'ecome Malaysianciti*ens
, hey are re=uired to fulfill the followingconditions/
1. :ged 21 and a'o#e
2. Aa#e li#ed in federation for at least 1B outof 12 years
3. Aa#e he intention to li#e permanently4. Aa#e good conduct
5. Aa#e sufficient language of Malaylanguage
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Loss of Citizenship Status
, : citi*en can lose his citi*enship in twoways.
, irst" he himself re!ects the citi*enship forpersonal reasons. Second" he has #iolated
the laws" and committed prohi'ited action"that can 'e one of the following/
1. Ae has 'ecome citi*en of another country
2. Ae is en!oying all the rights and facilities in
another country whereas those rights areonly gi#en to the citi*ens of those countriesonly
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3. : woman 'ecomes citi*en of a foreign
country through marriage with a man fromthat country
4. :cts negati#ely showing he is no longerloyal to Malaysia
5. Aas 'usiness or ties with a hostile country6.
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(. 7i#es continuously for 5 years in a foreign
country unless he is on ser#ice with or on'ehalf of Malaysian go#ernment
?. : foreign woman who ac=uiredciti*enship status through marriage" is
di#orced from the hus'and" e&cept incase of di#orce where the hus'and haspassed away
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Funa!ental Li"erties
, In the constitution" the fundamental rightsare written as fundamental li'erties.
, here are 3 parts of fundamentalli'erties/ freedom of worship" personal
freedom and economic freedom#$ Freeo! of %orship
, C#ery person has the right to practise areligion
, : person under 1( years old cannot 'eas+ed to ta+e part in religious ceremonyother than his own
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&$ Personal freeo!
, : person cannot ha#e his life ta+en away orhis freedom destroyed e&cept as re=uired 'ythe law
, : person who is arrested must 'e told of the
reasons for his arrest, hen" he should 'e gi#en chance to defend
himself
, : person also cannot 'e e&iled from the
federation, Ae is allowed to spea+ and #oice his opinion
or to gather peacefully and form associations.
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, Aowe#er" the law can restrict the freedom
mentioned a'o#e to safeguard the pu'lic
interest. Cg. Internal Security :ct IS:
'$ ()ono!i) freeo!
, ;iti*ens are protected from 'eing turned into
sla#es
, he use of force on the citi*en to wor+ is
prohi'ited e&cept for the intent of the country
, ;iti*ens ha#e the right to won property
, roper compensation is made to the ownerif the go#ernment needs to ta+e o#er the
property
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MALAYSIAN PLANS AN*
POLICI(S
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Mala+sian Plan
#$ First Mala+an Plan ,#-./0/12, e#elop rural area to impro#e the
standard of li#ing" reduce illiteracy"enhance the standard of health" eradicate
po#erty" e&tension of agricultural areas, Csta'lishment of RI:" C7:" Ministry
of Rural e#elopment
&$ Se)on Mala+an Plan ,#-/#0/.2
, Impro#e system of ser#ices D health"education" water and electricity supply"impro#e agricultural de#elopment
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, i#ersify the peopleEs sources of income"
reduce unemployment, Csta'lishment of :M:
'$ First Mala+sian Plan ,#-//0312
, Increase effort to eradicate economic
im'alance 'etween sectors especially after13 May" e&tend socio9economic de#elopmentplans to include Sa'ah and Sarawa+
, Csta'lishment of I: industrialde#elopment" M:RI" :gricultural >an+
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4$ Se)on 5 Fifth Mala+sian Plan ,#-3#0
-12, )ew Cconomic lan D main focus to
create unity among all Malaysians.
, ;an 'e achie#ed through economic
de#elopment
, he main aims are eradication of po#erty
and restructuring Malaysian society so
that community identification does note&ist
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.$ Si6th 5 Se7enth Mala+sian Plan ,#--#0
&1112 ,
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.$ Ninth Mala+sian Plan ,&11/ 5 #12
, Csta'lishment Is+andar Regione#elopment :uthority IR:" 'uilding
and upgrading rural roads" 'iotechnology
physical and soft infrastructures" second
'ridge and monorail for enang" diseasepre#ention
, Setting up )ational Institute of ;ancer"
)ational orensic Institute and )ationalInstitute for @ral Aealth" modernising
agriculture farming
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NATIONAL POLICI(S
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Vision &1&1
, Introduced 'y former rime Minister" unr. Mahathir Mohamad in 1??1 in hispaper wor+" Malaysia 7oo+ing orward.
, In the paperwor+" un r Mahathirmentioned a'out the main o'!ecti#e of
this #ision" that is to 'e a de#elopedcountry.
, Ae listed down all nine challenges inorder to 'e a de#eloped country.
, he nine challenges are/1. ;reate nation that is united and with
common o'!ecti#e
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2. ;reate a society that is free" peaceful and
ad#anced" confident of its owncapa'ilities" successfully proud andstrong in facing pro'lems
3. ;reate a democratic society that ismatured and practises a shared
philosophy4. ;reate a moral and ethical society with
strong religious and spiritual #alues
5. ;reate a society that is tolerant and
li'eral and free to practise its owncustoms" culture and religions
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6. ;reate a scientific and progressi#e
society that is forward9loo+ing and far9sighted and is a'le to contri'ute toimpro#ing ci#ili*ation 'ased on scienceand technology
$. ;reate a caring society and practise a
caring culture(. ;reate a society that is fair in distri'ution
of national wealth regardless of race
?. ;reate a prosperous society with a
competiti#e economy
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Ne% ()ono!i) Poli)+
, ;o#er a period of 2B years 1?$191??Band in#ol#es four fi#e9year Malaysianplans M29M5
, wo main o'!ecti#es / to reduce anderadicate po#erty and restructure the
society and eliminate communityidentification through economic sectors, here are some strategies to achie#e the
o'!ecti#es/
1. Moderni*e the li#ing conditions of lowerincome group and increase the pro#isionof 'asic facilities and those related toeducation
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2. C&pand employment opportunities for allMalaysians
3. Cncourage participation in sectors with highpotential and high producti#e capacity suchas 'usiness" industries and ser#ices
4. Impro#e producti#ity of the poor andincrease their income
5. Raise peopleGs ownership in pri#ate sector 6. >uild a 'usiness society among 'umiputras
$. e#elop areas that remained 'ac+ward 'uthigh in potential
(. Cnhance education opportunities within andoutside the country
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National In)orporation Poli)+
, he o'!ecti#es of this policy is to create
close cooperation 'etween the pu'lic andpri#ate sector
, he concept of incorporation is defined
as a company that is a !oint #enture'etween the pri#ate and pu'lic sector
, Incorporation sym'oli*es the readiness of
the go#ernment sector to distri'ute
'usiness opportunities" !oin or cooperatewith the pri#ate or pu'lic sector to
organi*e effecti#e ser#ices to the people.
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National Pri7atisation Poli)+
, he o'!ecti#es of this policy/
1. o reduce the financial and administrati#e'urden of the go#ernment
2. o impro#e efficiency" producti#ity and
competiti#eness3. o speed up economic growth particularly
through commercial programmes
4. o reduce the si*e and in#ol#ement of the
pu'lic sector in the economy5. o widen corporate sector prospects
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, rogrammes /
1. ;ommunication such astelecommunication and tele#ision" port"road construction" air and shipping D %3"ort lang ;ontainer erminal" M:S"Malaysia International Shipping;orporation MIS;
2. Ser#ices li+e postal" electricity" hospitaland others D @S Malaysia" )>"
ele+om Malaysia M.3. ;oncessions especially pu'lic facilitiesli+e water supply and roads D Sya'as
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National Agri)ultural Poli)+
, he o'!ecti#es of this policy/
1. o raise production output through
optimum use of resources
2. o increase peopleGs income especially in
rural areas
3. o increase and pro#ide sufficient food
resources for the people
4. o de#elop agricultural land 'y usinghigh" effecti#e technology
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, rogrammes /
1. he opening and de#elopment of newland such as C7: and C7;R:
2. Impro#e the use of pu'lic facilities li+e
roads" transportation" the use of
machines and modern fertilisation system
3. %arious acti#ities and agricultural support
ser#ices that include Research and
e#elopment RH" training" mar+etingand incenti#es to de#elop agriculture
among estate owners and farmers
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National (u)ation Poli)+, his policy was drawn up 'ased on these
two reports/ un Ra*a+ Report andRahman :li' Report
, he o'!ecti#es of this policy /
1. Set up a system of education that can
fulfill the nationGs need and encouragecultural" social" economic and politicalde#elopment
2. Integrate the multiracial schoolchildren
and prepare a wor+ force for the needs ofthe economy
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3. :chie#e the o'!ecti#e of )ational
Cducation hilosophy to produce human'eings with +nowledge and character"'alanced and harmonious for peace andprosperity
, rogrammes /
1. Impro#e the =uality of education
2. Increase educational opportunities for allle#els and ages
3. C&tend educational opportunities throughpri#ate institutions
4. )ew ;urriculum for rimary Schools>SR
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5. )ew ;urriculum for Secondary Schools
>SM
6. Restructure #ocational and technical education
, Strategies /
1. he national language as the main medium of
instruction
2. Aa#e the same Malaysia oriented curriculum forall types of students
3. Aa#e the same e&amination system for all
4. ;reate the opportunity of nine years of 'asic
education5. Ma+e it compulsory for the Malay and Cnglish
language to 'e taught in schools
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National *e7elop!ent Poli)+
, he o'!ecti#es of this policy/
1. o strengthen social" economic and
political sta'ility
2. o achie#e the status of ad#anced nation
in terms of social !ustice" moral andethical #alues" =uality of life" efficiency in
administration and economic e&cellence
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, rogrammes /
1. e#elopment of state economy and'etween ur'an and rural areas
2. C7: training to rural youths
3. ;reate competiti#e acti#ities in the
international mar+et
4. ri#atisation to impro#e 'umiputra
participation
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National Inustrialisation Poli)+
, he o'!ecti#es/
1. o intensify industrial growth through
manufacturing
2. o optimi*e the use of the countryGs
natural resources3. o upgrade local research and
de#elopment of local technology
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, Strategies/
1. Increase the le#el of research andde#elopment RH
2. C&portation of manufactured goods inlarge =uantities to 'e more competiti#e
3. e#elop selected hea#y industries4. Increase employment opportunities
5. Increase opportunities for technicaltraining and s+ills
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National Cultural Poli)+
, he o'!ecti#es/
1. o strengthen unity of race and country
2. o nurture and protect a strong Malaysian
identity
3. Impro#e the =uality of life that is 'alancedphysically" spiritually and in term of socio9
economic de#elopment
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, rogrammes /
1. e#elopment of arts and culture2. ;ontinuous art presentations 'y the
)ational ;ultural ;omple&
3. ;ultural programmes through mass
media especially RM at festi#e seasons
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Poli)+ on Regional an 8orl Affairs
AS(AN
@'!ecti#es / to speed up economic growth"social and cultural progress and nurtureand protect regional peace and sta'ilityfounded on !ustice
rogrammes /1. olitical cooperation on 'oundaries
2. Climination of smuggling acti#ities andcommunist threat
3. @:) one of eace" reedom and)eutrality
4. :sia9acific Cconomic ;ooperation:C;
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5. :SC:) Cconomic MinistersG ;onference
C:C;
Strategies /
1. South Cast :sia as a *one of peace"
neutrality and freedom from foreign
interference and on good terms with the-estern and ;ommunist 'locs
2. reedom from nuclear arms or South
Cast :sia )uclear ree one S:C)3. Regional cooperation
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Co!!on%ealth Organisation
:n organi*ation of former" independent>ritish colonies
@'!ecti#es / to pro#ide facilities and 'enefit tomem'er countries and to ha#e diplomaticrelations 'etween mem'er and non9mem'ercountries
rogrammes /1. ;ooperation in trade" research and
economic and social aid
2. ;ommonwealth und
3. ;onferences among ministers of differentportfolios" mem'ers of parliament
4. ;ommonwealth
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Organisation of Isla!i) Countries ,OIC2
, he mem'ership consists of Islamic
countries all o#er the world, @'!ecti#es /
D to forge closer unity and cooperation
among mem'er countries economically"
socially" culturally and in the field of
science
D sol#e pro'lems of dispute in#ol#ing
Islamic nations D Climinate any oppression and colonialism
to 'ring a'out uni#ersal peace
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, rogrammes /
1. Islamic Fnity und2. Studies of the Aistory of Islamic
;i#ili*ation and the :ra'ic language
3. International Islamic Fni#ersity of
Malaysia
4. Islamic Fni#ersity of )igeria
5. International seminar or symposium
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Unite Nations Organisation @'!ecti#es/ create a common peace and
impro#e the =uality of life of mem'ercountries
rogrammes /
1.