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.

Outlines

00:00

📚 Introduction to the Malaysian Legal System

In this video, the speaker, Avers, introduces the Malaysian legal system and constitutional law. He begins by discussing the Malaysian Federal Constitution, which consists of 183 articles and several schedules. The focus of the video is on understanding the legal system before delving into constitutional law. The speaker explains the influence of Islamic law before British colonization, the role of sultans, and the transition to the British legal system following the colonization of Malacca, Penang, and Singapore. The British introduced the Charter of Justice, leading to the formation of the Malaysian legal system, which eventually culminated in the Federal Constitution after independence. The video highlights the branches of government—executive, judiciary, and legislative—and their overlapping powers in Malaysia.

05:00

⚖️ The Malaysian Constitution and Fundamental Liberties

The video explores key aspects of the Malaysian Federal Constitution, starting with Article 4, which establishes it as the supreme law of the land. The speaker discusses the significance of Islam as the official religion under Article 3, while clarifying that Islamic law applies only to personal matters such as marriage and inheritance. He goes on to explain the fundamental liberties outlined in Articles 5-12, which cover freedom of liberty, slavery, retrospective crime, equality, movement, speech, religion, and education. The speaker emphasizes that any laws conflicting with these rights, such as prohibiting pregnant women from working, could be unconstitutional. Additionally, he clarifies the correct terminology for referring to constitutional articles.

🏛️ Executive Powers and the Role of the Yang di-Pertuan Agong

The focus shifts to the executive branch of the government. The speaker discusses Articles 32, 39, 40, and 43, which describe the role of the Yang di-Pertuan Agong as the head of state with nominal powers. Although the Yang di-Pertuan Agong is the head of the executive branch, his actions, such as dissolving Parliament or appointing the Prime Minister, are based on the advice of the Prime Minister as per Article 40. The Prime Minister must command a majority in the legislature to be appointed. The speaker highlights the division of powers within the executive branch and how the nominal role of the Agong aligns with democratic governance.

🏛️ The Legislative Branch and Law-Making Authority

The video covers the legislative powers under Articles 44, 46, and 73-79. The Dewan Rakyat and Dewan Negara hold the legislative power, with 222 members of Parliament involved in law-making. The speaker explains the division of powers between the federal government and the states. While the federal government can legislate on matters such as the military, police, and international treaties, state governments have limited law-making authority, restricted to local matters. The speaker underscores how this division of powers means there are no state-level military or police forces and no state can engage in international agreements, reinforcing the federal structure of Malaysia.

⚖️ The Judiciary and Its Structure

The speaker discusses the judiciary, which is outlined in Article 121 of the Federal Constitution. He explains the separation between the civil and Sharia courts and provides an overview of the civil court hierarchy, starting from the Magistrate Court and ending with the Federal Court, the highest court in Malaysia. The speaker notes that Sharia courts have their own separate hierarchy, while other courts, such as the Native Courts for Sabah and Sarawak, and the Court for Children, also exist within Malaysia. This section emphasizes the comprehensive nature of Malaysia’s judicial system and the various levels of courts.

🛡️ Special Laws and Emergency Powers

Here, the speaker explains Article 149, which allows for special laws against subversive acts like terrorism, exemplified by the Internal Security Act (ISA), now replaced by SOSMA. Article 150 gives the Yang di-Pertuan Agong the authority to declare a state of emergency, but even during emergencies, the Agong must act on the advice of the Prime Minister. Emergency laws can temporarily override fundamental liberties. For example, during an emergency, property could be confiscated without the usual legal recourse. This section highlights the balance between national security and individual rights during times of crisis.

🗣️ National Language and Bumiputra Rights

The speaker covers Articles 152 and 153, focusing on the national language, Bahasa Malaysia, and Bumiputra rights. Although Bahasa Malaysia is the national language, other languages can still be used and spoken. Article 153 grants special rights to the Bumiputra, which includes Malays and the natives of Sabah and Sarawak. These rights cover areas like employment, education, and economic benefits, aimed at reducing poverty among the majority populations. While these provisions are designed to promote equality, they have also faced criticism for creating racial divisions.

👑 Special Court for Malay Rulers and the Rule of Law

The final part of the video addresses Article 181, which outlines the establishment of the Special Court for Malay Rulers. This court was created to ensure that the sultans are held accountable for their actions and cannot abuse their power with impunity. The article ensures that even the sultans must govern within the framework of fairness, justice, and the rule of law, promoting Malaysia as a democratic nation. The speaker stresses that the purpose of this provision is not to undermine the royal family but to prevent arbitrary governance and ensure democratic accountability.

Keywords

💡Malaysian Legal System

The Malaysian legal system refers to the framework of laws and courts in Malaysia, shaped by the country's history, including its British colonial past. The video emphasizes that understanding this system is foundational for grasping Malaysian constitutional law, with a focus on its historical evolution from local Islamic and adat (customary) laws to the adoption of British-influenced legal principles.

💡Federal Constitution

The Federal Constitution of Malaysia is the supreme law of the land, consisting of 183 articles that outline the structure of the government, rights of individuals, and distribution of powers. The video highlights its importance in shaping modern Malaysia and ensuring the rule of law, with references to key articles such as Article 4, which declares the constitution’s supremacy.

💡Charter of Justice

The Charter of Justice was a British legal document that helped establish the legal system in Malaysia during the colonial period. It introduced English law into Malaysia, serving as a foundation for the country’s judiciary. The video traces the Charter’s role in shaping the early version of the Malaysian legal system after the British colonization of Penang and Malacca.

💡Separation of Powers

Separation of powers refers to the division of government responsibilities into distinct branches: the executive, judiciary, and legislature. The video discusses how Malaysia does not practice a full separation of powers, with instances where the executive intervenes in the judiciary or legislature. This concept is central to understanding the checks and balances in Malaysian governance.

💡Fundamental Liberties

Fundamental liberties are the basic rights guaranteed to citizens under Articles 5 to 12 of the Federal Constitution. These include freedoms such as liberty (Article 5), speech (Article 10), and religion (Article 11). The video uses these articles to explain how constitutional law protects citizens' rights, providing an example of how laws that discriminate (e.g., forbidding pregnant women from working) could be unconstitutional under Article 8.

💡Executive Branch

The executive branch in Malaysia is responsible for daily governance and is led by the Yang di-Pertuan Agong (the monarch) and the Prime Minister. According to the video, Articles 32, 39, 40, and 43 of the Federal Constitution outline the nominal powers of the Agong and the advisory role of the Prime Minister, especially concerning matters such as dissolving Parliament.

💡Legislative Branch

The legislative branch in Malaysia, comprising the Dewan Rakyat and Dewan Negara (Houses of Parliament), has the authority to create laws. The video refers to Articles 44, 46, and 73-79 of the Federal Constitution, explaining the division of law-making powers between the federal and state governments. It also touches on the Ninth Schedule, which specifies the areas under federal and state jurisdiction.

💡Judiciary

The judiciary in Malaysia interprets and enforces the law, with courts structured in a hierarchy, including the Magistrate Court, Session Court, High Court, Court of Appeal, and Federal Court. Article 121 of the Federal Constitution, as referenced in the video, separates the civil and Shariah courts. The judiciary ensures justice is administered fairly across civil, Shariah, and native courts.

💡Article 153

Article 153 of the Federal Constitution grants special rights to the Bumiputera, including Malays and indigenous people of Sabah and Sarawak. These rights encompass education, employment, and economic privileges. The video discusses the justification of these rights to address poverty and inequality but also notes the criticisms about how these policies can further divide racial groups in Malaysia.

💡Emergency Powers

Emergency powers, under Article 150 of the Federal Constitution, allow the Yang di-Pertuan Agong to declare a state of emergency, granting the government the ability to create laws that may override fundamental liberties. The video explains that during an emergency, the government can enact laws that would normally be unconstitutional, such as property confiscation.

Highlights

Introduction to the topic of Malaysian legal system and constitutional law as fundamental to understanding Malaysia's governance.

Overview of the Malaysian Federal Constitution, consisting of 183 articles, which forms the backbone of the legal studies in Malaysia.

Before British colonization, Malaysia practiced local Islamic laws with sultans governing individual states, highlighting the pre-colonial legal framework.

Adat Tamangong and Adat Merpati: two significant systems of local laws before British rule, with Tamangong focusing on Islamic Sharia and Merpati on matrilineal practices.

Impact of British colonization on the legal system, introducing the Charter of Justice, shaping Malaysia's modern legal landscape.

Malaysia’s unsuccessful Malayan Union and eventual independence under the Federal Constitution, illustrating the evolution of the nation's legal and political structure.

The Malaysian legal system is not fully separated among the executive, judiciary, and legislative branches, raising questions on the separation of powers.

Article 4 of the Federal Constitution: establishes the Constitution as the supreme law of the land, foundational to Malaysia's sovereignty.

Article 3 of the Federal Constitution: declares Islam as the official religion, but limits Islamic law to personal matters like marriage, inheritance, and family.

Fundamental liberties in Articles 5 to 12 of the Federal Constitution, including rights such as freedom from slavery, freedom of speech, and equality.

Executive powers outlined in Articles 32, 39, 40, and 43 of the Constitution, especially emphasizing the role of the Yang di-Pertuan Agong (King) as head of state.

The federal legislative branch and its powers defined by Articles 44, 46, and 73-79, differentiating federal versus state law-making authority.

Judiciary branch described under Article 121, distinguishing between civil courts and Sharia courts, alongside the hierarchy within each system.

Special emergency powers and laws for public security, including Article 149 (against subversion) and Article 150 (emergency powers).

Article 153 of the Constitution outlines Bumiputera rights, offering certain economic privileges to Malays and natives of Sabah and Sarawak.

Transcripts

hey what's up guys this is avers here

and welcome back to my channel in this

video we are gonna be talking about the

malaysian legal system as well as the

constitutional law before we proceed we

shall dive into the topic of malaysian

legal system first in order for us to

understand the malaysian constitutional

law what i have with me is the malaysian

federal constitution it consists of 183

articles and several schedules most of

your time studying law will be mostly

based on this before we have a lengthy

discussion on the malaysian federal

constitution it is important for us to

understand the malaysian legal system

first and its history before the british

came and colonized malaysia starting

with malacca and in all the states in

malaysia we had our own local islamic

laws we had sultans in each states as

well as on the island of borneo led by

the sultan of brunei the local laws in

malaysia consisted of adat tamangong as

well as adet marpati alatomangong

focuses more on the islamic aspects of

islamic sharia law especially on the

pharah eat distribution of land whereas

merpati law is more on the matrilineal

side where women has more rights as

compared to men as men can survive on

their own will and on their own

vocations that is until when the british

came and colonized malaysia apart from

malacca which was surrendered by the

dutch to the english in 1821 or 1824 the

british also came to penang and

singapore thus beginning the first ever

version of the malaysian legal system

which is just basically a succession or

a continuation of the british legal

system this came with the charter of

justice there were several amendments

and changes towards the charter of

justice until one day when the british

colonized all of the peninsula malaysia

they tried to form the malayan union

which was then opposed and became

unsuccessful later the peninsular

malaysia or sumananjin malaysia achieved

independence with the federal

constitution and this federal

constitution also extended to salva

sarwa and singapore when malaya to form

malaysia which then singapore left in

1965 and therefore brings us to our

mother federal constitution which has

been amended until this very day in our

malaysian legal system we have different

branches of government which are the

executive judiciary and legislative does

malaysia practice full separation powers

that is for us to decide as future

lawyers it is entirely dependent on our

own answers but most of the time in

malaysia there is no complete separation

of powers between within these three

branches sometimes the executive

intervenes within the legislative and

sometimes the legislative intervenes

within the judiciary we can now focus on

the federal constitution itself

according to article 4 of the federal

constitution this constitution is the

supreme law of the land without the

federal constitution there will be no

country known as malaysia and there will

be no people known as malaysians this

tells the whole world that we are a

country and we have our own people

afterwards we have article 3 of the

federal constitution which states that

islam is the official religion however

because we mentioned that the british

came and colonized malaysia islamic law

applied and malaysia is only limited to

personal matters for instances islamic

law is only applicable in relations to

marriage inheritance divorce and other

family matters afterwards we shall now

focus on article 5 to 12 of the federal

constitution which touches upon the

fundamental liberties article 5 is for

freedom of liberty article 6 is freedom

from slavery article 7 is freedom from

retrospective crime incremental and

punishment and laws that do not apply at

that time article 8 is for equality

article 9 is freedom of movement and for

banishment article 10 is for freedom of

speech and expression article 11 is for

freedom of religion finally article 12

is for freedom of education for example

if there is a law that forbids pregnant

women from working then it may be

unconstitutional because it goes against

article 8 of the federal constitution

the correct pronunciation for articles

is for instances article 10 clause 2

paragraph 8 of the federal constitution

there is no such thing as section 10

subsection 2 paragraph a now that we

have touched upon those important

articles we would like to bring your

attention to the executive provisions

the executive are the people who are

actually the head of government as well

as the head of state and they perform

daily governmental duties within the

country for instance we shall now focus

on article 32 39 40 and 43 of the

federal constitution article 3 states

that young deputy agung is the head of

state and we when we mention that he is

the head of state he has nominal powers

article 39 states that the young patron

agong is also the executive however

according to article 40 since we

mentioned that the powers of the young

departure on agon is nominal

he will have to act on the advice of the

prime minister especially when it comes

to dissolving parliament and appointing

the prime minister according to article

43 of the federal constitution the prime

minister can only be appointed when he

has a command of the majority within the

legislature or the day one right yet and

he must be appointed by the young

dipathon agon which shall now move

forward to the legislative branch of

government this can be found under

articles 44 46 and 73 until 79 of the

federal constitution article 44 states

that the legislative power is within the

devil right yet as well as the day when

negara

article 46 states that there needs to be

a 222 members of parliament in their

right the powers to create laws are

vested between the federation as well as

the states and we have mentioned that it

is between article 73 until 79. the

federal parliament can create laws as

well as the daiwan undangangan negri or

the state legislative can create their

own laws this is manifested between the

ninth schedule to list one and list two

meaning to say that the federation has

very wide powers to create laws in

relation to the whole malaysian country

whereas the state can create laws

limited in only their own states for

example the federation can create laws

in relation to military the police laws

related to international treaties and so

forth however the states cannot create

such laws that is the reason why we

cannot see and there is no police or

military versions in state we do not see

that there is the army of jihor we do

not see that there is the police of

jihor we do not see that johor can

create international agreements with

other countries malaysia despite it

being a federal country the states have

to surrender some of their powers

through the federation we shall now move

onwards to the judiciary judiciary can

be found under article 121 of the

federal constitution which separates

between the civil courts and the sharia

courts in the civil courts we have the

hierarchy of courts starting from the

magistrate court to the session court to

the high court the court of appeal and

finally the apex court which is the

federal court if any person were to

commit an offense such as murder they

will have to start from the lower courts

and if they lose each case then they

have to appeal all the way to the

federal court the sharia courts also

have their own hierarchy not just that

we have our own civil courts and sharia

courts but we also have other courts

such as the native courts for the people

in sabah and sarawak as well as the

court for children now that we have

dealt with the judiciary government we

shall now move onward to the remaining

provisions within this video we have

article 149 which is a law for special

laws against subversion acts prejudicial

to public order such as terrorism this

can be seen through the internal

security act which had been repealed

with the sosmo law we also have article

150 of the federal constitution which is

related to emergency powers the

emergency proclaimed by the young dipton

nagong is not a military coup emergency

powers is vested within the yangti

patuan agong and he can declare the

emergency again according to article 40

the young dipathon agong will still have

to follow the advice of the prime

minister when an emergency it is clear

the government can create laws which is

inconsistent with the fundamental

liberties if the government were to

create a law to confiscate your house or

your property then you cannot challenge

that law during the emergency article

152 is for the national language which

is the malay language or bahasa malaysia

even if bahasa malaysia is the national

language other languages can be

practiced and spoken within malaysia

article 153 is for the bhumi putra

rights these booby prusa rights extend

to the malay people as well as the

natives of sabah and sarawak some of the

benefits of the booming future rights

will include access to employment

education scholarships and other

economic benefits it may be justified in

order to alleviate the poverty line

among the majority people of this

country which are the belays and the

people of sabbath and sarawak criticisms

oppose this because fights and further

segregates between the russian groups in

malaysia lastly in this video we are

going to be touching upon article 181 of

the federal constitution which are the

special courses for the malay rulers the

special court for malay rulers was

actually created because there were

instances whereby the sultans in

malaysia abused their powers and could

evade liability and there will be no

impunity for them this amendment or this

insertion of this article is to ensure

that again the executives or the young

people and the sultans will not be

abusing or become an arbitrary vehicle

power within this country to rule or

govern this nation based on their own

whims this is not to defame or insult

the sultan or the royal family but it is

to ensure that malaysia is a democratic

society a country which abides by the

rule of law and that the sultan could

govern and administer the country with

fairness and justice and bring

prosperity and harmony within this

nation

[Music]

that is all that we have in this video

thank you guys so much for tuning in i

hope to see you guys more in the

upcoming videos that i'll be making

until then have a fantastic and awesome

day ahead of you

see ya