THE

CONSTITUTIONAL
CONTEXT
OF ETHNIC RELATIONS IN
MALAYSIA

3.1 Introduction
3.2 Defining the Constitution
3.3 History of the Legislation of Malaysian
Constitution
3.4 Traditional elements of the Constitution
and Social Contracts
3.5 Article 3
3.6 Article 152
3.7 Article 153

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For a sovereign nation, the constitution is

the most supreme law for the country
and each individual must respect its
dignity.

In the context of Islamic Constitution,

the first Islamic nation, Madinah, under
the rule of Rasulullah s.a.w had enacted
Sahifah Madinah to facilitate a smooth
administration of Madinah, which was
populated by various ethnics.

1.

A set of rules on the rights, power and

procedures, and
responsibilities of the
parties who are in control of the affinity
between authorities, and also the ties
between the authorities and public.

2.

A policy or formula that states the public

roles in a nation and how they are delegated
and administered.

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The constitution is a nations source of highest

rule of law.

It functions as the guide in enacting laws

whether by the government or the people.

It is generally divided into two types:

First:
written constitution
Second: unwritten constitution

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Written Constitution : Legislative laws that is

combined and organized as one document.

Unwritten Constitution : all constitutional

principles that is not organized in a document
like the acts passed by the parliament and
verdicts of courts.

Malaysia adopts the written constitution,

where the legislative, justice and executive
bodies assume power from the constitution.

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Malaysian Constitution is made up of:

15 Bills
183 Articles
13 Jadual

It encompasses the powers of the executive,

legislative, justice, status of Islam, citizenship,
national language, special standing of the
Malays
and
indigenous
peoples
of
Sabah/Sarawak, etc

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In Malaysia, there is no institution that is

above the Constitution.

The three government bodies (legislative,

judiciary, executive) & the King are also
subjected to the Constitution.

Example: legislative and judiciary powers

are subject to the rulings stated in the
Constitution.

UHM2022

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Federal or state law on an issue could be

deemed invalid by the court if it contradicts
the Federal Constitution.

This is because the constitution states

Article 4(1): the Malaysian Constitution
the supreme federal law and any act that
passed that contradicts the constitution
annulled.

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in
is
is
is

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During colonial days, uprising / rebellions

the Malays was a norm.

Other than the bloody uprisings which began

since the occupation of the Portuguese in
Melaka, Dutch, English and Japan, revolution
was also initiated through nationalism.

By the 20th Century, a number of organizations

such as the Singapore Malay Organization,
Perak Malay Organization, and Youth Malay
Movement, became the platform in rebelling
against the colonials.

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by

The mass media such as newspapers and

magazines acted as the medium to disseminate
information about the resistance, such as

Utusan Melayu, Majlis, Al-Imam, Saudara and

Warta Sarawak.

Malay intellectuals such as Rahim Kajai, Ibrahim

Yaakob, and Pak Sako goaded the Malays into
realizing the need to claim for independence.

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After the surrender of Japan, and British

came back to the Malay Peninsular, and the
British Parliament passed the bills to establish
Malayan Union on 10 October 1945.

Sir Harold Mac Michael was appointed as the

British representative to obtain the approval
of the Malay kings.

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1.

To unite the states and improve the efficiency

of managing the administration.

2.

British held a grudge against the Malays as

they were accused of cooperating with the
Japanese, hence they believe that Malayan
Union could decrease the powers of the
Malays, especially the kings.

3.

It was the Britishs aim to let the locals

administer their own country.

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1.

All the Malay states except Singapore were

united under the administration of the British
Governor, who was aided by the Federal
Executive Council and Judiciary Council.

2.

Singapore was made a separate colony.

3.

The Malay Kings sovereignty was abolished.

4.

Jus Soli was introduced.

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1.

The Malay Kings authority was nullified from

the states administration.

2.

Singapore was separated from Malayan Union

and remained a British colony.

3.

Citizenship status was granted based on the

Jus Soli principle.

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4.

The equal rights means that the

indigenous people did not receive any
special privileges.

5.

Sir Harold Mc Michael threatened the

Malay Kings in getting their signatory.

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Malayan Union was denounced by the Malays

Malayan Union was still proclaimed on 11 April

1946 with Sir Edward Gent as the first governor.

The Malays boycotted the official proclamation

and the British finally relented and replaced
Malayan Union with the Malaya Federation.

British realized that without the Malays support,

Malayan Union would not succeed.

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The British established a working committee

that was formed of 4 Malay royal
representatives, 2 UMNO stalwarts
and 6
British officers.

The committee was tasked with the

responsibility in forming a new legislation that
is acceptable to the Malays.

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Then, the British formed a Committee in

December 1947 that comprised of Europeans,
Chinese and Indian, to determine the nonMalays opinions about the Constitution of
the Federation.

The Federation of Malaya was proclaimed on

1 February 1948

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