Important Provisions in Malaysian ConstitutionCh 6

8/20/2019 Important Provisions in Malaysian ConstitutionCh 6

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IMPORTANT PROVISIONS

IN MALAYSIANCONSTITUTION


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Main Features of Constitution

1. Malaysian is a federation

2. Malaysia is a constitutional monarchy

3. Malaysia is a country that practises parliamentarydemocracy

4. Religious freedom with Islam as the officialreligion of Malaysia

5. Supremacy of the constitution and the rule of thelaw

6. octrine of the separation of power in which the !udiciary" the legislati#e and the go#ernment hasits freedom to carry out different functions with noconflict of interest


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$. %alidity and transparency of the !udiciary with

e&clusi#e powers su'!ect to the pro#isions ofthe constitution

(. )ational language " citi*enship and the special

rights of the Malays and the nati#e tri'es of

Sa'ah and Sarawa+


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Language

, -e need a national language for generalcommunication and official language to unite thepeople of different ethnic origin" each with theirown spo+en language.

, he Malay language was chosen as the national

and official language 'ecause /1. he language was the lingua franca in the region

for centuries. It was widely used during thegolden age of Malacca. he foreign traders used

Malay language in their 'usiness transactions.2. he Malay language is #ery easy to learn. henati#e spea+ers of Malay language far e&ceededthe spea+ers of other languages


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3. he Malay was more solid in terms and

pronunciation.4. he Malay language uses the romanised

letters 'esides 0awi.

5. he structure of Malay language has clear

phonemes" that is" sylla'les that are easy tospell 'ased on fi&ed and firm principles.


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Religion

, Islam is the official religion of the federation 'ut

other religions are allowed to 'e practised in peaceand harmony in any part of the federation

, In states that ha#e a rulersultan as head of state"the rulersultan is the head of Islam in his own state

, or states without a sultan Sa'ah" Sarawa+"Malacca and enang and the ederal erritoriesuala 7umpur" 7a'uan and utra!aya the head ofIslam is the 8ang di9ertuan :gong.

, Religion is #ery important 'ecause it is the most'asic matter in our life.

, :ll religions teach god and condemn e#il.


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Citizenship

, ;iti*enship is a special status held 'y the peoplewho ha#e the rights to 'e in the country., he status gi#es rights" 'enefits and certain

facilities., he special rights of a citi*en are /

1. he right to #ote in an election

2. he right to ta+e an acti#e part in politicsincluding contesting for election seat

3. he right to fill a post that is e&clusi#ely for

citi*ens only4. ree to own landed property and to 'e considered

for special terms relating to property de#elopment


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5. he right to recei#e a num'er of 'enefits and facilitiesin the country including welfare 'enefits and education

6. reedom of mo#ement throughout the country

$. he right not to 'e e&iled, : citi*en also should fulfill his responsi'ilities/

1.


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, here are 4 ways of ac=uiring citi*enship inMalaysia/

1. 0us Soli

, >ased on the laws of the 'irth place.

, Regardless of the status of the mother or father"

citi*enship status is automatic for people 'orn inMalaysia 'etween Independence ay 31 :ugust1?5$ and @cto'er 1?62.

2. 0us Sanguinis

, Refers to the laws according to 'lood descent., It relies solely on the citi*enship status of the

father


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, If the father of the newly 'orn is a citi*en" he too'ecomes a citi*en" regardless whether he is 'orn

outside the country3. Marriage

,


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4. )aturali*ation

, ro#ides the opportunity to residents whoare not in Malaysia to 'ecome Malaysianciti*ens

, hey are re=uired to fulfill the followingconditions/

1. :ged 21 and a'o#e

2. Aa#e li#ed in federation for at least 1B outof 12 years

3. Aa#e he intention to li#e permanently4. Aa#e good conduct

5. Aa#e sufficient language of Malaylanguage


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Loss of Citizenship Status

, : citi*en can lose his citi*enship in twoways.

, irst" he himself re!ects the citi*enship forpersonal reasons. Second" he has #iolated

the laws" and committed prohi'ited action"that can 'e one of the following/

1. Ae has 'ecome citi*en of another country

2. Ae is en!oying all the rights and facilities in

another country whereas those rights areonly gi#en to the citi*ens of those countriesonly


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3. : woman 'ecomes citi*en of a foreign

country through marriage with a man fromthat country

4. :cts negati#ely showing he is no longerloyal to Malaysia

5. Aas 'usiness or ties with a hostile country6.


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(. 7i#es continuously for 5 years in a foreign

country unless he is on ser#ice with or on'ehalf of Malaysian go#ernment

?. : foreign woman who ac=uiredciti*enship status through marriage" is

di#orced from the hus'and" e&cept incase of di#orce where the hus'and haspassed away


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Funa!ental Li"erties

, In the constitution" the fundamental rightsare written as fundamental li'erties.

, here are 3 parts of fundamentalli'erties/ freedom of worship" personal

freedom and economic freedom#$ Freeo! of %orship

, C#ery person has the right to practise areligion

, : person under 1( years old cannot 'eas+ed to ta+e part in religious ceremonyother than his own


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&$ Personal freeo!

, : person cannot ha#e his life ta+en away orhis freedom destroyed e&cept as re=uired 'ythe law

, : person who is arrested must 'e told of the

reasons for his arrest, hen" he should 'e gi#en chance to defend

himself

, : person also cannot 'e e&iled from the

federation, Ae is allowed to spea+ and #oice his opinion

or to gather peacefully and form associations.


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, Aowe#er" the law can restrict the freedom

mentioned a'o#e to safeguard the pu'lic

interest. Cg. Internal Security :ct IS:

'$ ()ono!i) freeo!

, ;iti*ens are protected from 'eing turned into

sla#es

, he use of force on the citi*en to wor+ is

prohi'ited e&cept for the intent of the country

, ;iti*ens ha#e the right to won property

, roper compensation is made to the ownerif the go#ernment needs to ta+e o#er the

property


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MALAYSIAN PLANS AN*

POLICI(S


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Mala+sian Plan

#$ First Mala+an Plan ,#-./0/12, e#elop rural area to impro#e the

standard of li#ing" reduce illiteracy"enhance the standard of health" eradicate

po#erty" e&tension of agricultural areas, Csta'lishment of RI:" C7:" Ministry

of Rural e#elopment

&$ Se)on Mala+an Plan ,#-/#0/.2

, Impro#e system of ser#ices D health"education" water and electricity supply"impro#e agricultural de#elopment


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, i#ersify the peopleEs sources of income"

reduce unemployment, Csta'lishment of :M:

'$ First Mala+sian Plan ,#-//0312

, Increase effort to eradicate economic

im'alance 'etween sectors especially after13 May" e&tend socio9economic de#elopmentplans to include Sa'ah and Sarawa+

, Csta'lishment of I: industrialde#elopment" M:RI" :gricultural >an+


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4$ Se)on 5 Fifth Mala+sian Plan ,#-3#0

-12, )ew Cconomic lan D main focus to

create unity among all Malaysians.

, ;an 'e achie#ed through economic

de#elopment

, he main aims are eradication of po#erty

and restructuring Malaysian society so

that community identification does note&ist


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.$ Si6th 5 Se7enth Mala+sian Plan ,#--#0

&1112 ,


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.$ Ninth Mala+sian Plan ,&11/ 5 #12

, Csta'lishment Is+andar Regione#elopment :uthority IR:" 'uilding

and upgrading rural roads" 'iotechnology

physical and soft infrastructures" second

'ridge and monorail for enang" diseasepre#ention

, Setting up )ational Institute of ;ancer"

)ational orensic Institute and )ationalInstitute for @ral Aealth" modernising

agriculture farming


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NATIONAL POLICI(S


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Vision &1&1

, Introduced 'y former rime Minister" unr. Mahathir Mohamad in 1??1 in hispaper wor+" Malaysia 7oo+ing orward.

, In the paperwor+" un r Mahathirmentioned a'out the main o'!ecti#e of

this #ision" that is to 'e a de#elopedcountry.

, Ae listed down all nine challenges inorder to 'e a de#eloped country.

, he nine challenges are/1. ;reate nation that is united and with

common o'!ecti#e


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2. ;reate a society that is free" peaceful and

ad#anced" confident of its owncapa'ilities" successfully proud andstrong in facing pro'lems

3. ;reate a democratic society that ismatured and practises a shared

philosophy4. ;reate a moral and ethical society with

strong religious and spiritual #alues

5. ;reate a society that is tolerant and

li'eral and free to practise its owncustoms" culture and religions


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6. ;reate a scientific and progressi#e

society that is forward9loo+ing and far9sighted and is a'le to contri'ute toimpro#ing ci#ili*ation 'ased on scienceand technology

$. ;reate a caring society and practise a

caring culture(. ;reate a society that is fair in distri'ution

of national wealth regardless of race

?. ;reate a prosperous society with a

competiti#e economy


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Ne% ()ono!i) Poli)+

, ;o#er a period of 2B years 1?$191??Band in#ol#es four fi#e9year Malaysianplans M29M5

, wo main o'!ecti#es / to reduce anderadicate po#erty and restructure the

society and eliminate communityidentification through economic sectors, here are some strategies to achie#e the

o'!ecti#es/

1. Moderni*e the li#ing conditions of lowerincome group and increase the pro#isionof 'asic facilities and those related toeducation


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2. C&pand employment opportunities for allMalaysians

3. Cncourage participation in sectors with highpotential and high producti#e capacity suchas 'usiness" industries and ser#ices

4. Impro#e producti#ity of the poor andincrease their income

5. Raise peopleGs ownership in pri#ate sector 6. >uild a 'usiness society among 'umiputras

$. e#elop areas that remained 'ac+ward 'uthigh in potential

(. Cnhance education opportunities within andoutside the country


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National In)orporation Poli)+

, he o'!ecti#es of this policy is to create

close cooperation 'etween the pu'lic andpri#ate sector

, he concept of incorporation is defined

as a company that is a !oint #enture'etween the pri#ate and pu'lic sector

, Incorporation sym'oli*es the readiness of

the go#ernment sector to distri'ute

'usiness opportunities" !oin or cooperatewith the pri#ate or pu'lic sector to

organi*e effecti#e ser#ices to the people.


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National Pri7atisation Poli)+

, he o'!ecti#es of this policy/

1. o reduce the financial and administrati#e'urden of the go#ernment

2. o impro#e efficiency" producti#ity and

competiti#eness3. o speed up economic growth particularly

through commercial programmes

4. o reduce the si*e and in#ol#ement of the

pu'lic sector in the economy5. o widen corporate sector prospects


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, rogrammes /

1. ;ommunication such astelecommunication and tele#ision" port"road construction" air and shipping D %3"ort lang ;ontainer erminal" M:S"Malaysia International Shipping;orporation MIS;

2. Ser#ices li+e postal" electricity" hospitaland others D @S Malaysia" )>"

ele+om Malaysia M.3. ;oncessions especially pu'lic facilitiesli+e water supply and roads D Sya'as


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National Agri)ultural Poli)+


1. o raise production output through

optimum use of resources

2. o increase peopleGs income especially in

rural areas

3. o increase and pro#ide sufficient food

resources for the people

4. o de#elop agricultural land 'y usinghigh" effecti#e technology


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, rogrammes /

1. he opening and de#elopment of newland such as C7: and C7;R:

2. Impro#e the use of pu'lic facilities li+e

roads" transportation" the use of

machines and modern fertilisation system

3. %arious acti#ities and agricultural support

ser#ices that include Research and

e#elopment RH" training" mar+etingand incenti#es to de#elop agriculture

among estate owners and farmers


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National (u)ation Poli)+, his policy was drawn up 'ased on these

two reports/ un Ra*a+ Report andRahman :li' Report

, he o'!ecti#es of this policy /

1. Set up a system of education that can

fulfill the nationGs need and encouragecultural" social" economic and politicalde#elopment

2. Integrate the multiracial schoolchildren

and prepare a wor+ force for the needs ofthe economy


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3. :chie#e the o'!ecti#e of )ational

Cducation hilosophy to produce human'eings with +nowledge and character"'alanced and harmonious for peace andprosperity

, rogrammes /

1. Impro#e the =uality of education

2. Increase educational opportunities for allle#els and ages

3. C&tend educational opportunities throughpri#ate institutions

4. )ew ;urriculum for rimary Schools>SR


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5. )ew ;urriculum for Secondary Schools

>SM

6. Restructure #ocational and technical education

, Strategies /

1. he national language as the main medium of

instruction

2. Aa#e the same Malaysia oriented curriculum forall types of students

3. Aa#e the same e&amination system for all

4. ;reate the opportunity of nine years of 'asic

education5. Ma+e it compulsory for the Malay and Cnglish

language to 'e taught in schools


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National *e7elop!ent Poli)+


1. o strengthen social" economic and

political sta'ility

2. o achie#e the status of ad#anced nation

in terms of social !ustice" moral andethical #alues" =uality of life" efficiency in

administration and economic e&cellence


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, rogrammes /

1. e#elopment of state economy and'etween ur'an and rural areas

2. C7: training to rural youths

3. ;reate competiti#e acti#ities in the

international mar+et

4. ri#atisation to impro#e 'umiputra

participation


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National Inustrialisation Poli)+

, he o'!ecti#es/

1. o intensify industrial growth through

manufacturing

2. o optimi*e the use of the countryGs

natural resources3. o upgrade local research and

de#elopment of local technology


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, Strategies/

1. Increase the le#el of research andde#elopment RH

2. C&portation of manufactured goods inlarge =uantities to 'e more competiti#e

3. e#elop selected hea#y industries4. Increase employment opportunities

5. Increase opportunities for technicaltraining and s+ills


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National Cultural Poli)+

, he o'!ecti#es/

1. o strengthen unity of race and country

2. o nurture and protect a strong Malaysian

identity

3. Impro#e the =uality of life that is 'alancedphysically" spiritually and in term of socio9

economic de#elopment


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, rogrammes /

1. e#elopment of arts and culture2. ;ontinuous art presentations 'y the

)ational ;ultural ;omple&

3. ;ultural programmes through mass

media especially RM at festi#e seasons


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Poli)+ on Regional an 8orl Affairs

AS(AN

@'!ecti#es / to speed up economic growth"social and cultural progress and nurtureand protect regional peace and sta'ilityfounded on !ustice

rogrammes /1. olitical cooperation on 'oundaries

2. Climination of smuggling acti#ities andcommunist threat

3. @:) one of eace" reedom and)eutrality

4. :sia9acific Cconomic ;ooperation:C;


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5. :SC:) Cconomic MinistersG ;onference

C:C;

Strategies /

1. South Cast :sia as a *one of peace"

neutrality and freedom from foreign

interference and on good terms with the-estern and ;ommunist 'locs

2. reedom from nuclear arms or South

Cast :sia )uclear ree one S:C)3. Regional cooperation


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Co!!on%ealth Organisation

:n organi*ation of former" independent>ritish colonies

@'!ecti#es / to pro#ide facilities and 'enefit tomem'er countries and to ha#e diplomaticrelations 'etween mem'er and non9mem'ercountries

rogrammes /1. ;ooperation in trade" research and

economic and social aid

2. ;ommonwealth und

3. ;onferences among ministers of differentportfolios" mem'ers of parliament

4. ;ommonwealth


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Organisation of Isla!i) Countries ,OIC2

, he mem'ership consists of Islamic

countries all o#er the world, @'!ecti#es /

D to forge closer unity and cooperation

among mem'er countries economically"

socially" culturally and in the field of

science

D sol#e pro'lems of dispute in#ol#ing

Islamic nations D Climinate any oppression and colonialism

to 'ring a'out uni#ersal peace


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, rogrammes /

1. Islamic Fnity und2. Studies of the Aistory of Islamic

;i#ili*ation and the :ra'ic language

3. International Islamic Fni#ersity of

Malaysia

4. Islamic Fni#ersity of )igeria

5. International seminar or symposium


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Unite Nations Organisation @'!ecti#es/ create a common peace and

impro#e the =uality of life of mem'ercountries

rogrammes /

1.

Important Provisions in Malaysian ConstitutionCh 6

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