Malaysian Legal System and Constitutional Law: QUICK REVISION FOR EXAMS📚🖊️

Summary

This video explores the Malaysian legal system and its historical background, beginning with local Islamic laws before British colonization. It highlights the formation of Malaysia's federal constitution, detailing key articles such as Article 4 (supremacy of the constitution) and Article 3 (official religion). The separation of powers, the role of the executive, judiciary, and legislature, as well as special laws on emergencies, are discussed. The video also touches on the hierarchy of civil, Sharia, and native courts, Bumiputra rights, and the importance of upholding democratic principles and justice in Malaysia.

Takeaways

• 📚 The video covers an introduction to the Malaysian legal system and its constitutional law, focusing on the Federal Constitution.
• 🇲🇾 Malaysia's legal system is rooted in local Islamic laws, such as Adat Temenggong and Adat Marpati, before British colonization.
• 🇬🇧 The British colonized Malaysia, bringing in the Charter of Justice, which laid the foundation for the current legal system based on British law.
• 📜 The Malaysian Federal Constitution has 183 articles and serves as the supreme law of the land, governing the country's legal structure.
• ⚖️ The three branches of government—executive, legislative, and judiciary—do not fully operate with a strict separation of powers in Malaysia.
• 🕌 Article 3 of the Federal Constitution states that Islam is the official religion of Malaysia, but Islamic law is only applicable to personal matters such as marriage and inheritance.
• 🗣️ Articles 5 to 12 of the Federal Constitution outline fundamental liberties, including freedoms related to speech, religion, movement, and education.
• 👑 The Yang di-Pertuan Agong is the head of state with nominal powers, acting on the advice of the Prime Minister, as described in Articles 32, 39, and 40.
• ⚔️ Article 121 separates the civil and Sharia courts in Malaysia, with a hierarchy that extends from the magistrate courts to the Federal Court.
• 🛡️ Article 149 deals with laws against subversion and public order, while Article 150 grants emergency powers to the Yang di-Pertuan Agong.

Q & A

What is the significance of the Malaysian Federal Constitution in the country's legal system?

The Malaysian Federal Constitution is the supreme law of the land, consisting of 183 articles and several schedules. It forms the foundation for Malaysia's legal system and government structure, guiding legislation, governance, and citizens' rights.

How did British colonization impact the Malaysian legal system?

British colonization introduced the first version of the Malaysian legal system, based on the British legal system, through the Charter of Justice. This marked the transition from local Islamic and adat (customary) laws to a more structured legal framework modeled after British law.

What are the three branches of government in Malaysia, and is there full separation of powers between them?

Malaysia's government is divided into the executive, judiciary, and legislative branches. However, there is no complete separation of powers, as sometimes the executive intervenes in legislative matters and vice versa.

What does Article 4 of the Malaysian Federal Constitution state?

Article 4 of the Malaysian Federal Constitution declares that the Constitution is the supreme law of the land. This means that any law passed in Malaysia must be consistent with the Constitution, ensuring its authority over all other laws.

How does Article 3 of the Constitution define the role of Islam in Malaysia?

Article 3 of the Constitution establishes Islam as the official religion of Malaysia, but Islamic law is limited to personal matters such as marriage, inheritance, and family issues, due to the British influence during colonization.

What rights and freedoms are protected under Articles 5 to 12 of the Federal Constitution?

Articles 5 to 12 protect fundamental liberties, including the right to liberty (Article 5), freedom from slavery (Article 6), freedom from retrospective punishment (Article 7), equality (Article 8), freedom of movement (Article 9), freedom of speech (Article 10), freedom of religion (Article 11), and freedom of education (Article 12).

Who holds executive power in Malaysia according to Articles 32, 39, 40, and 43 of the Federal Constitution?

Executive power in Malaysia is held by the Yang di-Pertuan Agong (King) as the head of state, but his powers are largely nominal and exercised on the advice of the Prime Minister, particularly when it comes to appointing the Prime Minister and dissolving Parliament.

What is the significance of Articles 44, 46, and 73-79 in the Federal Constitution concerning legislative power?

Articles 44, 46, and 73-79 outline the legislative powers in Malaysia, vested in Parliament at the federal level and state legislatures at the state level. Parliament has the authority to create laws for the entire country, while state legislatures can create laws specific to their states, but with limited scope.

How is the judiciary system structured in Malaysia?

The judiciary in Malaysia, as outlined in Article 121, is divided into civil courts and Sharia courts. Civil courts follow a hierarchy from the Magistrate Court to the Federal Court, while Sharia courts deal with Islamic matters. Additionally, there are native courts for indigenous peoples in Sabah and Sarawak.

What is the purpose of Article 153 of the Federal Constitution regarding Bumiputra rights?

Article 153 provides special privileges for Bumiputras, which include Malays and the natives of Sabah and Sarawak. These privileges cover areas like education, employment, and economic benefits, aimed at addressing the economic disparity among different racial groups in Malaysia.