This document provides an overview of the Constitutional Law course, including its objectives, description, required texts, assessment structure, and lecture plan. The course aims to provide an understanding of Malaysia's Federal Constitution and fundamental rights. Key topics include the principles of constitutional law, constitutionalism, Malaysia's historical development, fundamental liberties, and current constitutional issues. Students will be assessed based on coursework and a final exam. The lectures will cover topics such as the basic features of the Federal Constitution, constitutional supremacy versus parliamentary supremacy, and types of constitutions.

1. CONSTITUTIONAL LAW
LAW 437
ISMAIL BIN BADIUZZAMAN
B.Sc(Maths) York Uni. Canada,
LL.B (Hons) (UiTM)
LL.M (Malaya)
Advocate & Solicitor
FACULTY OF LAW
UiTM
2011
LECTURE ONE
1

2. COURSE OBJECTIVES
By the end of the course students will be able to:
exhibit an adequate understanding and
knowledge of the principle features of the
Federal Constitution of Malaysia;
analyse the constitutional significance of
the various fundamental rights guaranteed
by the Federal Constitution of Malaysia.
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3. COURSE DESCRIPTION
The study of constitutional law involves the understanding of the
broad framework of the government. The first part of the study
focuses on the fundamental principles of constitutional law
within the context of the Federal Constitution of Malaysia. The
course will also analyse various fundamental liberties guaranteed
in Part II of the Federal Constitution. The course concludes with a
study of selected current constitutional issues related to the
areas in focus.
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4. REQUIRED TEXT AND REFERENCES
Shad Saleem Faruqi, Document of Destiny, 2008
Suffian, Lee and Trindale, The Constitution of Malaysia - Its
Developments 1957 – 1977, Oxford University Press, 1978
Rau, K.V.P., Federal Constitution of Malaysia - A Commentary
Jaya Kumar, Constitutional Cases from Malaysia and Singapore, Malayan Law Journal, 1976
Wu Min Aun & Hickling, R.H, Hickling’s Malaysian Public Law, Longman, 2003
Suffian, Lee and Trindale, The Constitution of Malaysia: It's Development: 1957 – 1977, Oxford University Press, 1978
Sheridan and Groves, The Constitution of Malaysia, Malayan Law Journal, 5th Ed. 2004.
Salleh Abbas, Constitutional Law and Judiciary, Malaysian Law Publishers
Trindale and Lee, The Constitution of Malaysia: Further
Perspectives and Developments, Oxford University Press, 1986
Mohd Suffian Hashim, An Introduction to the Constitution of Malaysia, Government Printers, 2nd Ed. 1976
Lee, Thio Li-Ann and Kevin Tan Yew, Constitutional Law in Malaysia and Singapore Butterworths, 2nd Ed. 1997.
Harding, Andrew, Law, Government and the Constitution in Malaysia, Malayan Law Journal, 1996.
Aliran, Reflections on the Malaysian Constitution, Aliran Kesedaran Negara, 1998
[Note: Students are strongly advised to obtain the latest edition of the above publications].
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5. POINTS TO REMEMBER
1. Please come to class on time i.e. Be punctual
2. Please wear proper attire.
3. Attendance for lectures and tutorials are
compulsory.
4. It is sincerely hoped that students will inform the
lecturer of his/her absence from the class.
5. Handphone/Any electrical devices must be
switched off or switched to silent mode during
lecture and tutorial hours.
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6. LESSON PLAN
Wk 1 Constitutional Law
Wk 2 Constitutionalism
Wk 3 Historical Development of M’sia
Constitution
Wks 4-5 Basic Features of FC
Wk 6 Sources of Constitutional Law
Wk 7 Constitutional Supremacy vs Parliamentary
Supremacy
Wk 8 Responsible Government vs Independent
Government
Wks 9-14 Fundamental Liberties
Wk 15 Current Legal Issues
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7. Assessment
a. Course work 30%
b. Final Examination 70%
c. Total 100%
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8. What is Constitution?
• Latin term – “any important law”
• Basic Document of a Country
• Lays down the structure of government –
monarch/republic,
parliamentary/presidential.
• The extent of powers of various organs
of the state – executive, legislative,
judiciary.
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9. What is Constitution?
• Prescribes the relationship between
these organs – emphasis separation of
powers
• Prescribes the relationship between
state & individuals :
a. Obligations – impose duties
b. Rights – fundamental rights
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10. What is Constitution?
• Core values of society
• Preamble to the Constitution
a. Introduction to the purpose & principles
behind the Constitution.
b. Not legally part of the Constitution.
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11. Classifications
•
•
•
•
•
•
Written / Unwritten
Rigid / Flexible
Enacted / Evolved
Legal / Real
Codified / Uncodified
Dignified / Efficient
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12. Written Constitution
 Document or series of document.
 Codified in a single document.
 Supreme law of the country –
Constitutional Supremacy (M’sia: Art
4(1) of the FC)
 Enacted constitution
 Countries with written constitutions
are: the United States of America,
India and Malaysia.
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13. Written Constitution
• Derived from events that shaped the
constitution:
– USA – American Revolution
– Malaysia – Establishment of the Reid
Commission – Merdeka Agreement
1956
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14. Written Constitution
• Availability of Judicial Review
• Provisions are entrenched
– Special procedures with regards to
amendments/ repeals to the constitution
are imposed.
– eg. Special majority, referendum, consent
of other bodies.
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15. Unwritten Constitution
• Not codified in a single document - the rules
and principles of the constitution are
scattered in the forms of statutes, charters,
political conventions and practices.
• Derived from many sources:
– Historical Documents
• Magna Carta – some rights of the King given to Barons
• Bill of Rights 1689 – certain political & civil rights given to
citizens such as freedom of speech in Parliament, freedom
from cruel & unusual punishments
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16. Unwritten Constitution
– Statutes
• Act of Settlement 1701 – rules relating to
succession to the British throne
• Act of Union 1707 – establishment of Kingdom
of Great Britain & Parliament of Great Britain
• Act of Union 1800 – establishment of Kingdom
of Great Britain & Ireland.
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17. Unwritten Constitution
– European Community Law
• European Communities Act 1972 – incorporate
EC law in UK, permits ministers to make
regulations before Parliament to implement
changes necessary to domestic law.
• Human Rights Act 1998 – provides remedy in
UK courts – breach of European Convention on
Human Rights
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18. Unwritten Constitution
– Text/Opinions of jurist & legal scholars
• AV Dicey – An Introduction to the Study of the
Law of the Constitution 1885
• Erskine May – A Practical Treatise on the Law,
Privileges, Proceedings & Usage of Parliament
(Parliamentary Practice) 1844
• Walter Bagehot – The English Constitution
1867.
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19. Unwritten Constitution
– Delegated/ Subsidiary Legislation
– Common Law – judges decisions on constitutional
issues
– Law & custom of Parliament
– Non ratified International Treaties
– Constitutional Conventions – non justiciable ie
non enforceable by the courts – eg in the UK,
cabinet ministers must be from either the House
of Commons or House of Lords.
– Stop 13.9.2011
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20. Unwritten Constitution
•
•
•
•
Evolved through time
No Constitutional Supremacy.
Parliamentary Supremacy.
No Judicial Review on basis of
constitutionality.
• Provisions are not entrenched – no
special procedures.
• UK, New Zealand & Israel.
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21. Advantages WRITTEN Constitution
• Easily accessible & certain
• Entrenchment of Human Rights in
the Constitution. Any amendments or
repeals must be made by following
special procedures. Protected against
easy appeal.
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22. Advantages WRITTEN Constitution
 Concept of Constitutional Supremacy –
protection against abuse of power.
 Availability of Judicial Review.
 Safeguard against Parliament
overstepping its legislative powers
by process of Judicial Review.
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23. Disadvantages - WRITTEN Constitution
• Less flexible. Rigidity – difficult to make
changes to adapt to current situations in
the country.
• Less able to deal with emergency
situations/ contingencies.
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24. Advantages - UNWRITTEN Constitution
• Flexibility - the provisions in the
Constitution can be easily amended &
repealed.
• Able to respond quickly to emergencies/
contingencies.
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25. Disadvantages - UNWRITTEN Constitution
• Scattered, not easily accessible & not so
certain.
• Human Rights not constitutionally protected.
They are contained in ordinary laws which can
be amended & repealed by the legislative
body through ordinary procedures.
• There is no judicial review process to
safeguard against legislative excesses.
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26. Disadvantages - UNWRITTEN Constitution
• Parliamentary Supremacy – unlimited
powers to make laws on any matters.
• Flexibility – provisions can be easily
changed.
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