Standing My Ground

Writing, Law school, Life as it is… From Aldric’s eyes

O Constitutions, Where Art Thou?

with 3 comments

This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. - Article 4(1), Federal Constitution.

If it appears to Parliament that in any State any provision of this Constitution or of the Constitution of that State is being habitually disregarded Parliament may, notwithstanding anything in this Constitution, by law make provision for securing compliance with those provisions. - Article 71(3), Federal Constitution.

According to the Federal Constitution, it shall be the supreme law of the land. The basic law. Foundation to every and any acts and omissions by anyone in the Federation of Malaysia. It forewarns that any inconsistency would be null and void. Layman’s terms: the inconsistency becomes useless. Before you dismiss this as a law-related subject, read on. Among others, your knowledge on the Federal Constitution influences how patriotic you really are…

You can be forgiven if you know nothing about the Penal Code. Never heard of the Electronic Commerce Act? Not a problem. You should not be bothered to anyways. That’s the job of law enforcement officers, lawyers, judges and law students. What you should know is the Federal Constitution. It is your duty as a Malaysian to uphol, preserve and protect every single letter enshrined in that document. Why?

Very simply, this is the very parchment which says that I cannot kill you just because I feel like it. Yes, we have religion. Again, read the first quotation. Does it say “religion shall be the supreme law of the land”? Does it say the Bible or the Quran or the Veda or even science being the supreme law of the land? Does it also endorses any party in Malaysia and giving that party inherent powers? Let me ask you: what is the supreme law of Malaysia in Malaysia? The single law that overrules anything and everything inconsistent with it? You’re right: the Federal Constitution. The reason you are allowed to live and earn a living in Malaysia is because of Article 5(1) of the Federal Constitution. It says: no person shall be deprived of his life or personal liberty save in accordance with law.

The sad truth is that despite this piece of parchment drawn up in the 1950s and being that powerful, only a handful of Malaysians know what is in it. Not everyone dedicates their life to studying this law - not even lawyers and lawmakers. For you to know what is inside it - exactly as it it - is your duty as a Malaysian. You can be forgiven if you can’t remember how I look like. But can you be forgiven to forget how your own looks and facial features? So, you’re not required to memorise it. What you should have is at least one copy of it.

While I’d recommend that you read it once a day, it would be amazing if you did. You’re doing better than even the Prime Minister and his whole Cabinet combined! Don’t worry, you need not be too radical about this. Referring to the Federal Constitution every once and a while would be nice. More than enough, in fact.

What saddens me is that not many Malaysians are willing to spend RM10-RM15 to buy this useless document of destiny. Unfortunately the Federal Constitution binds anyone and everyone within Malaysian borders and territory. If it was optional, then I should ignore Article 5 and kill you. Later, I could say “hey, I didn’t know it was illegal. Besides,I do not need the Federal Constitution. Why should I bother applying it?

Fine, you don’t know what Article 153 is. You could not be bothered with what Article 159 and 160E prohibits. But at least know what Articles 5 through 13 are. If you’re not from the legal background, no problem if you don’t know Halimatulsaadah or Meor Atiqurrahman.

If it’s rare for Malaysians to have a copy of the Federal Constitution, it would be even harder to find a Malaysian who knows the existence and the provisions in the respective State Constitutions! Well, maybe at least the state he or she was from. In fact, I have never came across any State Constitution sold like the Federal Constitution. Instead, I found a compilation of the Constitutions of all 13 states in Malaysia. And that is one pricey book.

You should remember the 5 Principles of the Rukun Negara. It used to be drilled in your head when you were schooling. What was the third principle? You guessed it:

  • Kepercayaan kepada Tuhan
  • Kesetiaan kepada Raja dan Negara
  • Keluhuran Perlembagaan
  • Kedaulatan Undang-Undang
  • Kesopanan dan Kesusilaan.

Thus, I ask “O Constitutions, Where Art Thou?”

Written by Aldric

March 25, 2008 at 10:29 pm

3 Responses to 'O Constitutions, Where Art Thou?'

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  1. [...] shall, to the extent of the inconsistency, be void. - Article 4(1), Federal Constitution. … MORE >>Creadit By weight [...]

  2. why fc is supreme law of malaysia?

    diana

    21 Apr 08 at 11:48 pm

  3. Article 4(1) makes it so. ;-)

    Aldric

    22 Apr 08 at 12:47 am

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