History of the Malaysian Constitution Essay

The foundation of the authorship of Malaysia was laid on 10 September 1877. It began with the scratch meeting of the Council of democracy in Perak, where the British first started to assert their influence in the Malay states. Under the terms of the Pangkor dispute of 1874 mingled with the Sultan of Perak and the British, the Sultan was obliged to accept a British Resident. Hugh Low, the second British Resident, convinced the Sultan to set up consultative Council of State, the forerunner of the state legislative assembly.Similar Councils were constituted in the different Malay states as and when they came under British protection. Originally playing an consultatory role, the function of the council was later extended to include both legislative and executive director director functions. This continued until 1948 when the coalition of Malaya was formed by two agreements, namely the State capital of New Hampshire and the fusion of Malaya Agreement. The State Agreement was o f great significance to Malaysias constitutional development.By virtue of this agreement, the Malay Rulers with the advice and concurrence of the traditional chiefs and elders of the states proclaim their respective State Constitutions except for Johor and Terengganu where Constitutions had already been in place since 1895 and 1911 respectively. The Rulers were as well as required to distinguish the legislative power in their respective states from the executive power, by constituting a legislative body, called the Council of State and State executive director Council whose advice he was required to obtained.The Federation of Malaya Agreement that served as the core for the current federal system of central government was concluded as a agree to the much-opposed Malayan Union. The Federation consisted of the Federated Malay States (FMS), the Unfederated Malay States and the Straits Settlements of Penang and Melaka. The FMS consisted of Perak, Selangor, Pahang and Negeri Sembila n bandage the non-FMS were Kedah, Perlis, Kelantan, Terengganu and Johor. The federal government comprised the high-pitched Commissioner, an Executive Council and legislative Council.The agreement as well as provided for a Conference of Rulers with its own elected chairman. Each of the states had its own Executive Council and Council of States to deal with all matters not specifically reserved to the Federation. The Federal regimen was responsible for defence, the police, and the railways, labour, broadcasting, post and finance. This 1948 Constitution remained in intensity with some infixed amendments, until 1957 when the Federation of Malaya gained its ndependence. A constitutional conference was held in London from 18 January to 6 February 1956 when the British promised Independence and self-government to the Federation of Malaya.It was attended by a delegation from the Federation of Malaya, consisting of four representatives of the Malay Rulers, the Chief minister of the F ederation (Tunku Abdul Rahman) and three other ministers, and also by the British High Commissioner in Malaya and his advisers. 1 The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya. 2 This suggestion was accepted by Queen Elizabeth II and the Malay Rulers.Accordingly, pursuant to much(prenominal) agreement, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by Lord William Reid, a noble Lord-of-Appeal-in-Ordinary, was appointed to make recommendations for a suitable constitution. The report of the Commission was end on 11 February 1957.The report was then examined by a running(a) party appointed by the British Government, the Conference of Rulers and the Government of the Federation of Malaya and the Federal Constitution was enacted on the basis of its recommendations. 4 The Constitution came into force on 27 August 1957 but formal i ndependence was only achieved on 31 August however. The constitutional machinery devised to bring the new constitution into force consisted of In the United Kingdom, the Federation of Malaya Independence Act 1957, together with the Orders in Council made under it.The Federation of Malaya Independence Act, 1957 passed by the British sevens gave parliamentary approval to Her Britannic Majesty Queen Elizabeth II to overthrow her sovereignty and jurisdiction in respect of the Straits Settlements of Melaka and Penang and all powers and jurisdiction in respect of the Malay States or the Federation as a whole. The Federation of Malaya Agreement 1957, made on 5 August 1957 between the British High Commissioner on behalf of Queen Elizabeth II and the Malay Rulers. The Agreement contained the new Constitution of the Federation of Malaya (and the new constitutions of Penang and Melaka).In the Federation, the Federal Constitution Ordinance 1957, passed on 27 August 1957 by the Federal Legisl ative Council of the Federation of Malaya formed under the Federation of Malaya Agreement 1948. The new constitutions of the Federation as well as Penang and Melaka were given the force of law by the Ordinance. In each of the Malay states, State Enactments, and in Melaka and Penang, resolutions of the State Legislatures, benediction and giving force of law to the federal constitution. The Federal Constitution was significantly amended when Sabah, Sarawak, and Singapore joined the Federation to form Malaysia in 1963.