CONSTITUTIONAL LAW

LLB 20303
MADAM ‘ASHIKIN

AIN SUHANA BINTI SAMSUDI-046121-

NANTHINI A/P PEIDENANDU-04-
NUR AZWA ZULAIKA BINTI MOHD ZAINAIDI-046363-
SYARIFAH NUR AIN NAJWA BINTI SYED MOHD NAZERI -047250-
 QUESTION

• 31 August 2017 was the 60th anniversary of Merdeka and of the Federal
Constitution. In conjunction with this important milestone, a group of
distinguished citizens took the initiative to propose to the Government
that our valued national ideology-the Rukun Negara-be incorporated into
the Federal Constitution as its Preamble. Preambles are opening statements
that express the aims and objects, dreams and demands, values and ideals
of a nation.
 ISSUE

• Discuss whether or not the incorporation of Rukun Negara into the

Federal Constitution will undermine constitutional supremacy in Malaysia.
 RUKUN NEGARA

• Belief in God
• Loyalty to King and Country
• Supremacy of the Constitution
• The Rule of Law
• Courtesy and Morality
 ABSTRACT

• Rukun Negara formulated by National Consultive Council.

• Headed by second Prime Minister, Tun Abdul Razak on 31 August 1970.
• The purpose is to create unity of various race in Malaysia after the riots of
different races in May 13th 1969.
• The riots happened proven that Malaysia racial issue and stability had is
fragile.
 13TH MAY 1969
• The riots between different races in Malaysia occur.
• Involved hundreds people lives (died and injured).
• Happened after election in 1969 where DAP and Gerakan get very good respond from the result of
election.
• Before the election, one young Chinese was killed in battle before the election.
• UMNO felt challenged because of the result even they win majority seats in Parliament.
• The riots were started by Datuk Harun Idris.
• This provocative procession was to set fire to the spirit of nationalism of every races in Malaysia.
• Police unable to control and emergency were declared by YDPA by advise by Prime Minister based on
Article 150 of Federal Constitution.
BELIEF IN GOD
LOYALTY TO KING AND COUNTRY
 SUPREMACY OF THE CONSTITUTION

• This principle is pressing for people to:

• accept
• obey
• defend
• Highest legal source.
• Provide protection to every citizen of Malaysia because of their rights and privileges as citizens.
• Constitution was drafted based on consensus of all parties and races within the country.
• Social contract cannot be questioned or threatened by any individual and party.
• Constitution are made for determine the pattern of socio-economic and political position of
the citizens in Malaysia.
• Constitutional supremacy refers to the system of government which the law making
freedom of parliamentary sovereignty abandons the requirements of a constitution as
the constitution is supreme.
• Parliament’s authority is derived from constitution.
• All law passed must be under or line with constitution.
• Federal constitution is supreme law of federation.
• It is fundamental and basic law of the land which act as yardstick to measure the
validity of other law.
• Refer to Article 4 of Federal Constitution.
• Its explained about the supremacy of Federal Constitution and any law passed after
Merdeka day which have inconsistency with Federal Constitution shall be void.
 CASES
• Loh Kooi Choon v Government of Malaysia (1977) 2 MLJ 187
• Article 5 of Federal Constitution
• Rights and freedom guaranteed by Constitution
• Detained by Royal Malaysian Police and was denied his right
• Che Omar Che Soh v Public Prosecutor (1988) 2 MLJ 55
• Article 3 of Federal Constituion
• About religious
• The issue of hudud
• Sivarasa Rasiah v Badan Peguam Malaysia & Anor (2010) 3 CLJ 507
• Article 8 of Federal Constitution
• Part II of Federal Constitution
• About equality of people
 CASES

• Taw Cheng Kong v Public Prosecutor (1998) 1 SLR 983

• Article 5 of Federal Constitution
• Fundamental liberties
• Ah Thian v Government of Malaysia (1976) 2 MLJ 112
• Article 74 and 75 of Federal Constitution
• Inconsistency of written law with Federal Constitution
THE RULE OF LAW
COURTESY AND MORALITY
 CONCLUSION

• Rukun Negara may be the preambles of Federal Constitution since Rukun Negara is
consistent with the provision of Federal Constitution. Plus, the provisions provided
under Federal Constitution is relating to Rukun Negara.
ANY QUESTION?
THANK YOU