Uniqueness of Malaysian Constitutions

UNIQUENESS OF THE MALAYSIAN CONSTITUTION Malaysian constitution is unique because it able to covers all the legislative,government and judiciary aspects and has special provisions for the application in a country with a diversity of races and religions. In addition,the Malaysian Constitution is complete and comprehensive as reflected in its thickness and meticulous details. The most unique is the practice of the status of ‘King’ is unusual. The ‘king’ here is the Yang di-Pertuan Agong(YDPA) chosen by the Malay rulers by rotation for a period of five years.

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YDPA besides fulfilling three functions is also an important member of the Council of Rulers. Another unique features of the Malaysian Constitution comprises the chapter that apply specifically to Sabah and Sarawak. Four special features are to adapt to conditions of physical structure and population composition resulting from historical development are the royal system that existed since many centuries,the position of the states that normally have their own autonomy and strength and the formation of a plural society that started with the bringing in of the Indians and Chinese by the British.

This special features also include the entry of Singapore,Sabah and Sarawak which diversifies further the composition of the local population and interests. Moreover,for the formation of our country today,the former Malaysian government have conducted two commissions that is,the Reid Commissions for the Constitution of the Federation and the Cobbold Commission for a new constitution for Malaysia. Cobbold commission the adjustments made were for the entry of the three new countries concerned,especially to prepare speciall provisions for application to these countries.

For example,Chapter 8,Section VI which contains provisions for the states of Sabah and Sarawak on certain matters including the question of relating between the Federation and the state. Chapter XIIA is an additional chapter to determine special provisions on additional protection for Sabah and Sarawak. The Malaysian Constitution was drawn up for the use of a multi-racial Malaysian society. For it to become a fair and practical source of legislation everybody must be ready to accept it.

Thus the creators of the Malaysian Constitution from the very beginning took into account thee views of the public. Many people took the opportunity to give their views while the Constitution being drawn up. Representatives from official body and individual gave their views and suggestions. For example,the Malay,Chinese and Indian communities through UMNO,MCA and MIC leaders,had a meeting to discuss the draft Constitution. In this manner,the commissions concerned managed to produce constitutions that sastified everybody.


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