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 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 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 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 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

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

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

.

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

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
  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
  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