2025 SEM 1 BAB 3: PERLEMBAGAAN PERSEKUTUAN - Part 1

Summary

This video delves into the third chapter of the Malaysian Federal Constitution, exploring its establishment, purpose, and structure. The Federal Constitution serves as the highest source of law in Malaysia, created through compromise between the country’s three main ethnic groups. The constitution ensures a just government, preventing abuse of power, and protecting citizens' rights. It emphasizes constitutional supremacy, where no law can override it. The video further explains the processes for amending the constitution, including requirements for parliamentary approval and consent from the Conference of Rulers, especially in matters related to Islam, language, and citizenship.

Takeaways

• 😀 The Federal Constitution of Malaysia is the highest source of law in the country, created through compromise among the Malays, Chinese, and Indians.
• 😀 The primary purpose of the Federal Constitution is to establish a just government, prevent abuse of power, protect the people's interests, and ensure the survival of the country.
• 😀 Constitutional supremacy means that the Federal Constitution is the ultimate guide for governance, and any law conflicting with it will be null and void.
• 😀 Even the Yang di-Pertuan Agong and Parliament cannot override the Federal Constitution, as its authority is supreme in Malaysia.
• 😀 The Federal Court has the power to strike down laws that are inconsistent with the Federal Constitution.
• 😀 The Federal Constitution can be amended in four ways: by a majority of parliamentary members, a two-thirds majority, with the consent of the Conference of Rulers, and with the consent of the YDPN of Sabah and Sarawak.
• 😀 Constitutional amendments require approval from the Parliament, the Conference of Rulers, and sometimes the YDPN of Sabah and Sarawak, especially for matters concerning Borneo.
• 😀 Certain constitutional amendments require a majority in the parliamentary council, like those concerning budgets, criminal law, or foreign investment law.
• 😀 Issues related to the religion of Islam, national language, and citizenship can be amended by a two-thirds majority in Parliament, with approval from the Conference of Rulers.
• 😀 State constitutions are guaranteed by the Federal Constitution, provided they do not conflict with it. States exercise powers through the state list, joint list, or federal list, but federal laws will take precedence in case of conflict.

Q & A

What is the Federal Constitution of Malaysia?

The Federal Constitution of Malaysia is a written law that serves as the highest source of law in the country. It was produced through a compromise between the leaders of the three main races in Malaya: the Malays, Chinese, and Indians.

What is the main purpose of establishing the Federal Constitution?

The main purpose of the Federal Constitution was to create a just form of government, maintain justice for all parties (government and people), prevent abuse of power, and protect the interests of the people while ensuring the survival of the country.

What does 'elevation' mean in the context of the Federal Constitution?

In this context, 'elevation' refers to constitutional supremacy, meaning that the Federal Constitution is the highest law of the land, and no other law can override it.

Can any law override the Federal Constitution in Malaysia?

No, no law can override the Federal Constitution. If any law conflicts with it, that part of the law becomes null and void.

Which bodies in Malaysia cannot override the Federal Constitution?

Neither the Yang di-Pertuan Agong (the King) nor the Parliament can override the Federal Constitution. The Federal Court has the authority to strike down any law that contradicts it.

How can the Federal Constitution be amended?

The Federal Constitution can be amended in four ways: by a majority of parliamentary members, a two-thirds majority of parliamentary members, a two-thirds majority with the consent of the Conference of Rulers, and a majority of members with the consent of the YDPN of Sabah and Sarawak.

What is required for a law to be amended by a two-thirds majority in the parliamentary council?

For a law to be amended by a two-thirds majority, at least two-thirds of the members of the Dewan Rakyat and Dewan Negara (the two houses of Parliament) must agree on the amendment.

What is the role of the Council of Rulers in constitutional amendments?

The Council of Rulers has a special role in matters related to Islam, language, national language, and citizenship, particularly involving the Malays and the natives of Sabah and Sarawak.

What powers do Sabah and Sarawak have regarding constitutional amendments?

Sabah and Sarawak have specific powers related to amendments involving their citizens' rights, state legislative powers, and issues like the appointment of judges and the powers of high courts in their states.

How do state constitutions interact with the Federal Constitution?

State constitutions are guaranteed by the Federal Constitution as long as they do not conflict with it. State powers are divided into a state list and a joint list, with the federal government and state government sharing certain powers.