History of the Malaysian Constitution

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History of Malaysia
Prehistoric Malaysia Paleolithic  Lenggong Valley c. 2.000.0000 BCE  Mansuli Valley 235,000 BCE Mesolithic  Niah cultures 65,000–40,000 BCE Neolithic  Bewah man/woman 16,000 BCE  Perak man/woman 11,000–200 BCE  Neolithic Klang 500 – 200 BCE
Early kingdoms Ancient Kedah <100 BCE Chi Tu 100 BCE–642 CE Langkasuka 100 BCE–1474 CE Gangga Negara c. 100 CE–1025 Pan Pan 424–775 Old Kedah 170–1135 Old Pahang 449–1454 Srivijaya 700s–1025 Majapahit 1300s
Rise of Muslim states Kedah Sultanate 1136–present Samudera Pasai Sultanate 1267–1521 Brunei Sultanate 1368–present Malacca Sultanate 1402–1511 Sulu Sultanate 1450–1899 Pahang Sultanate 1470–1623 Aceh Sultanate 1496–1903 Pattani Sultanate 1516– 1902 Johor Sultanate 1528–present Sarawak Sultanate 1599–1641 Selangor Sultanate 1766–present Besut Kingdom 1780–1899 Setul Kingdom 1808–1916 Reman Kingdom 1810–1902 Kubang Pasu Kingdom 1839–1864
Colonial era Portuguese Malacca 1511–1641 Dutch–Portuguese War 1601–1661 Acehnese conquest of Perak 1620 Dutch Malacca 1641–1824 Pahang Kingdom 1770–1881 Straits Settlements 1786–1946 Siamese invasion of Kedah 1821–1826 Anglo-Dutch Treaty 1824 Burney Treaty 1826 Naning War 1831–1832 Kingdom of Sarawak 1841–1946 Separation of Perlis from Kedah 1843 Crown Colony of Labuan 1848–1946 Pahang Civil War 1857–1863 Larut Wars 1861–1874 Klang War 1867–1874 Pangkor Treaty 1874 Perak War 1875–1876 British Malaya / Borneo 1874–1946 Jementah Civil War 1879 North Borneo 1882–1946 Pahang Uprising 1891–1895 Mat Salleh Rebellion 1894–1905 Federated Malay States 1895–1946 Anglo-Siamese Treaty 1909 Unfederated Malay States 1909–1946 Battle of Penang 1914 Kelantan rebellion 1915
World War II Japanese occupation of Malaya / Borneo 1941–1945 Malayan campaign 1941–1942 Bornean Campaign 1941–1942 Battle of Muar 1942 Parit Sulong Massacre 1942 Battle of Singapore 1942 Sook Ching 1942 Syburi 1942 Sandakan Death Marches 1942–1945 Si Rat Malai 1943–1945 Jesselton revolt 1943–1944
Formative era BMA of Malaya/Borneo 1945–1946 Crown Colony of N. Borneo 1946–1963 Crown Colony of Sarawak 1946–1963 Anti-cession movement 1946–1963 Malayan Union 1946–1948 Federation of Malaya 1948–1963 Sungai Siput incident 1948 Malayan Emergency 1948–1960 Batang Kali massacre 1948 Bukit Kepong incident 1950 Baling Talks 1955 Malayan Independence 1957 Singapore Self-governance 1959 ISA 1960 1960–2012 Communist insurgency in Sarawak 1962–1990 North Borneo Self-governance 1963 Konfrontasi 1963–1966 Sarawak Self-governance 1963 Formation of Malaysia 1963 Singapore in Malaysia 1963–1965 ASEAN Declaration 1967 Second communist insurgency 1968–1989 13 May incident 1969 National Operations Council 1969–1971 Declaration of Rukun Negara 1970 New Economic Policy 1971–1990 Peace Agreement of Hat Yai 1989
Barisan Nasional era Federal Territory of KL 1974 1977 Kelantan Emergency 1977 Pedra Branca dispute 1979–2008 South China Sea dispute (Spratly) 1980–present Federal Territory of Labuan 1984 Memali incident 1985 Operation Lalang 1987 Constitutional crisis 1987–1988 Royal Immunity Amendments 1993 Financial crisis 1997–1998 Reformasi Movement 1998–2022 1MDB scandal 2015–present
Multi-party era Pakatan Harapan takeover 2018 COVID-19 pandemic 2020–present Political crisis 2020–2022 Bornean Amendment 2021–2023 Green Wave 2022-present
Incidents Brunei revolt 1962–1966 North Borneo dispute (Philippine militant attacks) 1962–present Singapore race riots 1964 Brunei's Limbang claim 1967–2009 Penang Hartal riot 1967 13 May Incident 1969 Ligitan and Sipadan dispute 1969–2002 Kuala Lumpur flash floods 1971 Malaysian haze crisis 1972–present AIA building hostage crisis 1975 National Monument bombing 1975 Campbell Shopping Complex fire 1976 Sabah Air GAF Nomad crash 1976 Japan Airlines Flight 715 incident 1977 MH653 incident 1977 Dawn Raid 1981 1985 Lahad Datu ambush 1985 Memali Incident 1985 Sabah Emergency 1986 Ming Court Affair 1987 Penang terminal bridge collapse 1988 Taufiqiah Al-Khairiah madrasa fire 1989 Bright Sparklers disaster 1991 Highland Towers collapse 1993 Genting landslide 1995 MH2133 incident 1995 Pos Dipang mudflow 1996 Tropical Storm Greg 1996 1998–1999 Malaysia Nipah virus outbreak 1998–1999 Al-Ma'unah incident 2000 Sauk Siege 2000 2001 Kampung Medan riots 2001 2002 Taman Hillview landslide 2002 Tsunami in Malaysia 2004 2006–2007 Southeast Asian floods 2006–2007 Bukit Gantang bus crash 2007 Bukit Antarabangsa landslide 2008 2009 swine flu pandemic in Malaysia 2009 Attacks against places of worship 2010 Cameron Highlands bus crash 2010 Hulu Langat landslide 2011 Genting Highlands bus crash 2013 MH370 incident 2014 MH17 incident 2014 2014–15 Malaysia floods 2014–2015 Sabah earthquake 2015 2015 Plaza Low Yat riot 2015 Movida Bar grenade attack 2016 Kim Jong-nam's Assassination 2017 Darul Quran madrasa fire 2017 2018 Subang Temple riot 2018 2020-21 Malaysia floods 2021 LRT train collision 2021 2021-22 Malaysia floods 2021–2022 2022 Batang Kali landslide 2022 2023 Elmina plane crash 2023 2024 Lumut helicopters crash 2024
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The foundation of the Constitution of Malaysia was laid on 10 September 1877. It began with the first meeting of the Council of State in Perak, where the Yang di-Pertuan Agong first started to assert their influence in the Malay states. Under the terms of the Pangkor Engagement of 1874 between 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 advisory Council of State, the forerunner of the state legislative assembly. Similar Councils were constituted in the other Malay states as and when they came under British protection.

Originally playing an advisory role, the function of the council was later extended to include both legislative and executive functions. This continued until 1948 when the Federation of Malaya was formed by two agreements, namely the State Agreement and the Federation of Malaya Agreement.

The State Agreement was of great significance to Malaysia's constitutional development. By virtue of this agreement, the Malay Rulers with the advice and concurrence of the traditional chiefs and elders of the states promulgated their respective State Constitutions except for Johor and Terengganu where Constitutions had already been in place since 1895 and 1911 respectively. The Rulers were also 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 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 compromise to the much-opposed. The Federation consisted of the (FMS), the Unfederated Malay States as well as Penang and Melaka. The FMS consisted of Perak, Selangor, Pahang and Negeri Sembilan while the non-FMS were Kedah, Perlis, Kelantan, Terengganu and Johor.

The federal government comprised the High Commissioner, an Executive Council and Legislative Council. The agreement also 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 Government was responsible for defence, the police, and the railways, labour, broadcasting, post and finance. This 1948 Constitution remained in force with some essential amendments, until 1957 when the Federation of Malaya gained its independence.

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 Federation (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 proposal was accepted by and the Malay Rulers. Accordingly, pursuant to such agreement, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by, a distinguished Lord-of-Appeal-in-Ordinary, was appointed to make recommendations for a suitable constitution. The report of the Commission was completed on 11 February 1957.^[3] The report was then examined by a working 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 independence 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 Parliament gave parliamentary approval to Her Britannic Majesty Queen
• to terminate 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 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 Legislative 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, approving 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.^[5]

References