Malay Mail This post is reproduced from here RAKYAT GUIDES 1 — Part 2
THIS week, the second part of the Rakyat Guides 1 will discuss how the Federal Constitution of Malaysia affects us, along with some frequently asked questions.
How does the Constitution affect us?
Ten examples
1. In the 2008 general elections, you voted to elect your Member of Parliament and your State legislative assemblymen. Article 119(1) of the Constitution says you are entitled to vote if (a) you are a citizen of Malaysia, (b) you have attained 21 years of age, and (c) you are registered in the electoral roll. You cannot vote if, for example, you are serving a prison sentence or have been detained as a person of unsound mind.
THIS week, the second part of the Rakyat Guides 1 will discuss how the Federal Constitution of Malaysia affects us, along with some frequently asked questions.
How does the Constitution affect us?
Ten examples
1. In the 2008 general elections, you voted to elect your Member of Parliament and your State legislative assemblymen. Article 119(1) of the Constitution says you are entitled to vote if (a) you are a citizen of Malaysia, (b) you have attained 21 years of age, and (c) you are registered in the electoral roll. You cannot vote if, for example, you are serving a prison sentence or have been detained as a person of unsound mind.
2. You live in Penang and have decided to visit your relatives in Negri Sembilan. You can drive to Negri Sembilan on the North-South Expressway (passing through Kedah, Perak, Selangor and the Federal Territory) without a passport or any form of authorisation. Later, you decide to move to Kuala Lumpur and work there. You can do all these things because Article 9(2) of the Constitution says that in general, every citizen has the right to move freely throughout Malaysia and to reside in any part of it. However, there are certain exceptions in relation to Sabah and Sarawak.
3. You and your husband are Malaysian citizens but you gave birth to your son in Indonesia. Under Article 14 of the Constitution, your son is automatically a Malaysian citizen because he was born to a
Malaysian father.
4. You live in Kuching, Sarawak. You think Kuching is the greatest city in Malaysia. You think it is the nicest place to live in, has the friendliest people and the cleanest river in all of Malaysia. You think Kuching should be the Federal capital of Malaysia.
Unfortunately, the Constitution states that Kuala Lumpur is the Federal capital of Malaysia “until Parliament otherwise determines”. If you want Kuching to be the Federal capital of Malaysia, you will have to lobby Parliamentarians to make the change.
5. You are Buddhist, your neighbour is a Muslim, your best friend is Sikh and your colleague is Christian. Under Article 11 of the Constitution, each of you have the right to profess and practise your respective religion.
6. There are plans to build a new highway in your housing area and the government has served you with a notice for compulsorily acquisition of your land. Article 13(1) of the Constitution states that no person shall be deprived of property “save in accordance with the law”. Therefore, the government can acquire your land but it must do so in accordance with the law. This includes giving you sufficient notice and compensating you.
7. Pahang has just won the Malaysia Cup. To celebrate the victory, the Pahang government declares tomorrow a State holiday in Pahang.
You live in Perlis but are a big fan of the Pahang football team. You too want to be on holiday tomorrow to celebrate. Unfortunately, you cannot force the Perlis government to declare tomorrow a holiday in Perlis because each State government has the right to declare its own State holidays (but you can pack up your belongings and move to live in Pahang! Please see paragraph 2).
8. You pay taxes every year. In order to use the money that you pay, the Federal government must prepare a Budget every year and present it to Parliament to explain how it is going to spend the money. Before the Federal government can use the money, Parliament must “pass” the Budget. If you are not happy with how the Federal government proposes to spend your tax monies in its Budget, you can go to your Member of Parliament and ask him or her to object or to propose an amendment to the Budget in Parliament.
9. You have been arrested by the police and brought to a police station. You tell the police that you want a lawyer to represent you.
The police must allow you access to your lawyer as Article 5(3) of the Constitution states that you have a right to legal representation.
10. You have the right to learn, speak and use other languages even though Article 152(1) of the Constitution says that Bahasa Malaysia is the official language of the country.
Frequently Asked Questions about the Constitution
1. Do I have to obey the Constitution?
Yes, everyone has to. That includes you, your Members of Parliament, judges, government officials, the police force, companies and associations.
In fact, the Prime Minister, the Cabinet, Members of Parliament, judges and even the Yang Di-Pertuan Agong take oaths that they will obey the Constitution.
Even you take an oath to obey the Constitution every time you recite the Rukun Negara.
2 . What happens if someone does not obey the Constitution?
The Constitution generally grants powers, imposes obligations and defines roles. If a person or institution does not act within the power or role granted to them, it means that their acts are unconstitutional and void.
3. What happens if people disagree on what a particular provision in the Constitution means? Who decides?
The court has the power to determine all issues in respect of the interpretation of the Constitution. Once the Federal Court decides on what a particular provision means, it is binding on everyone unless it is later overtaken by a subsequent Federal Court decision. Over time, the Federal Court’s interpretation of the Constitution may change to take into account changing circumstances.
4. Can the Constitution be amended?
Yes, it can. In fact, our Constitution has been amended several times. Article 159 of the Constitution says that in general, the Constitution may be amended if the Bill (that is, the proposal for the amendment) is passed by not less than two-thirds of the members of the Dewan Rakyat and the Dewan Negara.
5. Parliament seems to have so much power to amend the Constitution. How can we ensure that the power is not abused?
Firstly, Members of Parliament are elected by Malaysian citizens like you and me. If a proposed amendment to the Constitution is not popular among Malaysians, then the Members of Parliament are unlikely to vote for it, otherwise they may not be elected again into Parliament at the next general election. If you are unhappy with any proposed amendment to the Constitution, you can go to your Member of Parliament or to any Member of Parliament and voice your concerns.
Secondly, all Members of Parliament take an oath that they shall “preserve, protect and defend” the Constitution.
Some people argue that because of this oath, Members of Parliament should not amend the most important and necessary parts of the Constitution.
6. Where can I get a copy of the Constitution?
You can buy a copy at most major bookstores. A copy can also be found on our website:
www.perlembagaanku.com.
You can also learn more about the MyConstitution Campaign or follow it on:
• http://www.malaysianbar.org.
• http://www.facebook.com/
• http://twitter.com/MyConsti
• http://www.youtube.com/user/
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