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Pre-Malaysia Constitutions
As Malaysia comprises the former Federation of Malaya,the British Crown Colonies of Sabah & Sarawak, it istherefore pertinent to briefly discuss the formerConstitutions of the three regions.
The fundamentals of the three Constitutions do notdiffer in any measure.
They were introduced as a means to facilitate orderlygovernment or government by rule of law.
Historical background
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However, the Constitution of Federation ofMalaya was a constitution of an independencestate.
It might be recollected that that theFederation of Malaya was formed & grantedindependence from Britain in 1957.
On the other hand, the Constitution of NorthBorneo (Sabah) was one devised & supervisedby trading concerned.
Similarly, Sarawak had been ruled by the
personal authority of the Rajah and while theRajah did introduce the 1941 SarawakConstitution, it did not come into effect asthe world broke out.
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Both North Borneo and Sarawak came
to be colonies after the world whenconstitutional government and the rule
of law were instituted.
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Malayan Union1946
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Before the outbreak of the Second
World War II, the peninsular comprised
three groupings the Strait Settlements-
British Colony;
The Federated Malay States (FMS)-British
protected states
Unfederated Malay States (UMS)-British
protected states
After Japanese surrendered in 1945,British administration was resumed.
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In the MU it consists a broad-based MUcitizenship, all citizens having equal rights.
To realize & established the MU states,British was appointed Sir Harold MacMichael to play an important role to obtainthe co-operation of the Malay Rulers.
Then that action were compelled toconclude 1945 so-called Mac MichaelTreatises
This treatise it was agreed that the Britishshould have full power & jurisdictionwithin each Malays state
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In the MU, the Straits Settlements were
dissolve, Penang & Melaka were grouped
with Malay states.
This all combination were form the MU on
1 April 1946.
The Singapore for economic & political
reasons was left out & became a Crown
colony.
Nevertheless, the MU was short-lived itlasted only two years.
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With the strong opposition came from the
Malays, who just realized that the MacMichael Treatise reduced the status of the
Malay states to that of a colony & deprived
the Malay Rulers of their sovereignty.
Under those treatise, the sole legislative
power of Malay Rulers was confined to
Islam.
The Malays also opposed the MU
citizenship, which raised fear of non-Malay
domination
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In the eyes of Malays, the MU proposal
would entail the abandonment of thepolicy recognizing the Malay states as
Tanah Melayu (Land of the Malays)
Also deprive the Malays of their specialpositions & privileges & the preservation
of which had been the objective of all
preceding agreements
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The opposition forced the British to
withhold bringing into force all the
provisions of the MU order-in-Council1946.
In July 1946, a working committee of
twelve was appointed under thechairmanship of Sir Malcolm MacDonald
(first Governor-General MU) to work
out in detail fresh arrangements wouldform the basis of future constitutional
developments.
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The proposals of that Committee, subjectto discussions with representatives of the
Malay Rulers & of the United MalaysNational Organization (UMNO) &consultations with representatives of thenon-Malays, produced a scheme for a
acceptable federation to all concerned.
The British Government & the Malay Rulersconcluded the Federation Malaya
Agreement (FMA)1948, then establishingthe Constitution of the Persekutuan TanahMelayu (Federation of Malaya)
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Constitution of theFederation Malaya
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Through FMA the Malay Rulers & BritishGovernment concluded separate
agreement, providing for thegovernment of the state in accordancewith a written constitution & FMA 1948
The Federation of Malaya wasintroduced on 1 February 1948
The federation of Malaya, comprisingthe nine Malay states and the Straits
Settlements of Penang and Malacca
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A federal government was set up inKuala Lumpur under the British High
Commissioner.The main organs were;
Executive Council
Legislative Council in which all raceswere represented
The FMA 1948 set the pattern for a
federation with a strong, centralgovernment
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And had being governed by twoconstitutions;First by the Constitutions of the
Federation of Malaya 1948
Later by another one introduced for theFederation which attained independencefrom Britain in 1957.
The two constitutions differed in somefundamental aspects; otherwise most
of its provisions are similar as anyconstitution of a state
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The Malay Rulers becomeconstitutional monarchs & members if
the Majlis Raja-raja Negeri Melayu(Conference of Rulers-CR).
CR would meet at least three times a
year.Approval of the Majlis was required for
any amendment in the constitution @in the immigration laws & for
appointments of senior governmentofficials.
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The Malays were recognized as the
indigenous people, their special
positions guaranteed
Citizenship was granted to non-
Malays,however the qualifications were
more stringent than those under the
MU proposals.
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The federation created by the FMA1948 was intended to be an interim
arrangement.This is clear from the preamble to the
agreement, which expressed the desireof the British Government & MalayRulers that progress should be madetowards eventual self-government.
In 1951, a member @ quasi-
ministerial system was introducedunder which nine nominated membersof the Federal Legislative Council.
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The Federal Legislative Council were
made responsible for various ministries
@ departments.
In 1952, the Federal Executive Council
was expanded to include all members
with portfolio.
And in 1955, the first federal elections
were held for 52 seats on the Federal
Legislative Council.
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The Alliance (of UMNO, MCA & MIC) won 51 seats
& its leader, Tunku Abdul Rahman became Chief
Minister.The six month later he led a Malayan delegation
to London to negotiate for independence (known
as London Conference).
It lasting within three weeks in early 1956 &
attended by
representatives of Malay Rulers &
Alliance GovernmentThe British High Commissioner
Advisers to the British Government.
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The basic principle upon whichindependence could be achieved were
agreed on.The conference appointed an
independent Constitutional Commission
to draw up a constitution providing forfull self-government & independencefor the Federation Malaya by August1957.
The Commission known as ReidCommission
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THE REID
COMMISSION
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The Reid Commissions term of
reference were to examine the existing
constitutional arrangements
throughout the federation
And also to recommend a federal form
of constitution for the whole countrybased on the parliamentary democracy
with a bicameral legislature.
The proposed constitution was toinclude provisions for;
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The establishment of a strong central
government
The safeguarding of the position &prestige of the Malay Rulers
A constitutional Yang di-Pertuan Agong
(Head of State) for the federation, to be
chosen from among Malay Rulers
A common nationality for the whole of the
federation
The safeguarding of the special position ofthe Malays & the legitimate interests of
the other communities.
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The Reid Commission collected data &memoranda from June to Oct. 1956 And
held 188 sessions.In making its recommendations the Reid
Commission had borne in mind that thenew provisions must be both practicable inexisting circumstances & fair to allsections of the community
The Reid Commission Report, containing
recommendations & a draft constitutionwas submitted to the British Government& the Malay Rulers on 21 Feb. 1956.
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In the federation the Reid Commission
Report was examined by a Working
Party comprising;
The British High Commissioner
Representatives of the Malay Rulers
The Alliance Government
Chief Secretary
Attorney General.
Then its was simultaneously studied in
the UK.
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After the Working Party had submitted its
recommendations, a delegation led by Tunku
as Chief Minister went to London to settleunresolved issues.
The draft constitution prepared by the Reid
Commission was reviewed & amended, in
substance & in form
Nevertheless, that draft was the basis for
the Constitution of the Federation of Malaya
Then proclaimed its independence on 31August 1957
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The major achievement of the parties
who negotiated for independence &
the Reid Commission that prepared thedraft Independence Constitution was to
define a compromise of the interests
of the three main racial groups in thefederation.
The resulting Merdeka Constitution was
thus a social contract between thethree races concerned.
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The Merdeka Constitution has evoked
the comment that though it was
federal in form
The entity it created was in reality,
unitary rather than federal.
Subsequent development have furtherconcentrated power at the centre.
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MALAYSIA
CONSTITUTION(FEDERAL CONSTITUTION)
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The Federation of Malaysia is the
Federation of Malaya, enlarge.It was born of an idea conceived by the
Tunku in 1961 for close political &economic association between;
Federation of Malaya
Singapore
North Borneo (Sabah)
SarawakBrunei
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The Malaysia concept was received if nothotly, at least warmly in Malaya, Brunei& Singapore.
Its realization, however was beset withdifficulties.
Initial discussion progressed fairly
quickly. Negotiations proceeded at twolevels:
1. Bilateral negotiations between Malaya &
Singapore on a possible merger2. Multilateral discussions between the leaders
of all the territory that might form Malaysia.
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At a regional meeting of theCommonwealth Parliamentary
association in Singapore July 1961, theleaders of all the territories concernedapproved in principle the Malaysiaconcept
Then they set up a Malaysian SolidarityConsultative Committee and itrecommended;
A commission be formed to ascertain theviews of the people of North Borneo &Sarawak
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The Federation of Malaya Constitution bethe basis for the Federation of Malaysia
ConstitutionA strong central government responsible
for external affairs, defence & security
Parliamentary representative based not
only on population in a constituency, butalso on size of the constituency
Special safeguards for North Borneo &Sarawak, especially in immigration
mattersSpecial privileges for the indigenous
people of the territories
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By August 1961, the Tunku & ChiefMinister Lee Kuan Yew had agreed on
principle merger between Malaya &Singapore.
A Join Working Party was established
to frame more detailed proposals.The A joint British-Malayan Commission
of Enquiry headed by Lord Cobbold(Cobbold Commission) was dispatched
to Borneo territories to ascertain theviews of the people.
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And it reported in June that some 80per cent of the people in the Borneo
territories were in favour of joiningMalaysia
In Brunei, Sultan Omar Ali Saifuddins
enthusiasm for Brunei incorporation inMalaysia increased after a rebellion inDecember 1962.
The rebellion in Brunei led by Sheikh
A.M. AzahariHe opposed the Malaysia concept &
challenged tha Sultans rule but failed.
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The final months of negotiations weremarred by internal & external problems.
Internally, there was hard bargaining overcontroversial details concerning theMalaya-Singapore merger & the accessionof the Brunei territories
There were two main dividing issuesBruneis refusing to join at the lastminute;
1. The proposed collection & use of Bruneis oilrevenues
2. The status accorded to the Sultan of Brunei amongthe Malay Rulers
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Externally, opposition to the formation of
Malaysia came from two fronts;
1. Philippines-claimed North Borneo as a formerdependency of Sulu
2. Indonesias President Sukarno-denounced the
Malaysia concept as a British neo-colonialist
plot.
After a month of haggling, the Federation
of Malaya, the UK, North Borneo, Sarawak
& Singapore Government signed the
Malaysia Agreement Act 1963 in Londonon 9 July 1963.
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The Malaysia Parliament passed
Malaysia Act 1963 to give effect to that
agreement in the federation.
That affected amendments to the
Merdeka Constitution
These concerned special provisions for
the new states that acceded which, in
some significant aspects, elevated
above the states of the formerfederation.
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These changes raised comments thatthey really brought about a new
constitution for a new federationEssentially, the principle of equality of
states underlying the MerdekaConstitution was sacrificed toaccommodate the special interests ofthe newly incorporations states
In reality the new constitution did not
bring the new states into associationwith the states of the formerfederation
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Rather, it brought the new states intoassociation with the former federation
itself, such that the new federationreally comprised four units:The Federation of Malaya
Sabah
Sarawak
Singapore
The Federation of Malaysia was
scheduled to be born on 31 August1963, had its birth deferred to mid-September.
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Malaysia difficulties continued after its
formation. Indonesia & the Philippinesrefused to recognize the new
federation.
Rejecting the findings of the United
Nations Malaysia Mission to Borneo,
Indonesia commenced Konfrontasi
(Confrontation) & a Ganyang (Crush)
Malaysia campaign.
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Internal friction compounded theseproblem.
From the outset there was resentmentbetween the former federation &newly incorporated states.
The resentment was most acute inrelations between the federation &Singapore.
Each resented the others attempts tointerfere in what they considered astheir internal affairs.
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The roots of the friction were part
economic, part political.Singapores attempts to create,
prematurely,a multiracial society of
equal opportunity-based purely on
meritocracy-exacerbated racial
tensions that had erupted in riots
between Chinese & the Malays in
Singapore in July & September 1964.
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On that day, Singapore became an independentrepublic
Consequent amendments to the FederalConstitution were later effected by theConstitution (Amendment) Act 1966.
There has been no territorial change since
Singapore left the federation except forinternal boundary changes.
Wilayah Persekutuan Kuala Lumpur & Putrajayawere carved out of Selangor on 1 February
1974 & 1 February 2001 respectively & Labuanout of Sabah on 16 April 1984 to be madefederal territories