Arespect for the various ideals of constitutionalism such as the rule of law andseparation of powers is vital in ensuring that rights and liberties of a personare strictly protected. An effectively composed Parliament, through a properelectoral system, and a totally independent judiciary will further enhance andprotect civil liberties. As such, having a written constitution by itself isnot sufficient in upholding rights and liberties of a person. First of all,constitutionalism1 is a political theory inlight of government specialist is gotten from the general population and oughtto be constrained by a constitution that unmistakably communicates what thelegislature can and can’t do. The fact that the state isn’t allowed to doanything it needs, yet is bound by laws restricted its power.
Constitutionallaw alludes to rights cut out in the government and state constitutions. Thelarger part of this assortment of law has created from state and governmentincomparable court decisions, which decipher their individual constitutions andguarantee that the laws go by the law-making body don’t abuse protected pointsof confinement. Rule of law is one of the essential standards of the EnglishConstitution and the teaching is acknowledged in the Constitution of U.S.A andIndia too.
Accordingto Article 4 of Federal Constitution2,states that the constitution is the supreme law of Malaysia. It is reallyshaped after the Constitution of the Federation of Malaya and it is theestablishment of the Federal Constitution of Malaysia today. This is supportedby the prudence of Art 4(1) ofFederal Constitution that the constitution is the incomparable rule thateveryone must follow. A constitution is an assemblage of legitimate and non-lawfulprinciples or sources concerning the legislature of a state. As such,constitution is the major or essential tenets overseeing the undertakings ofthe state.
The constitution gives individuals their key freedom and theirrights as a subject. The principle question now is how does the constitutioncan maintain the privileges of the general population?2.0RULE OF LAW2.
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1Problems Malaysia Facing Beinga vibrant developing economy, Malaysia is stuck at the crossroads betweenfostering its economic growth and protecting the human rights of its 28-millioncitizens. Historically speaking humanrights were not the central of discussion when the Federal Constitution wasbeing drafted. International law has developed and recognised the minimuminternational standard on humans rights. The Malaysian Government had arguedthat the international standard is not applicable in Malaysia because of theover emphasis on it as there is a collective view of rights of a community.Malaysia has used the word fundamental liberties rather than humans right. Malaysia’s political system and humanrights practices reflect culturally specific Asian values, an intervention bythe Western powers amounts to a violation of domestic sovereignty and anexpression of cultural imperialism.
Rule of law is fundamental to thesocio-politico-economic development process, it interrelates intricately wherethe policies formulation should be confined between the pillars of separationof power and rule of law to produce the best blanket of protection of securinghuman rights or fundamental liberties as known in Malaysia. Article 5 to 13 of the FederalConstitution guarantees the fundamental rights of a citizen.3Malaysia do adopt the principles of human rights however there are loop holesin this.
Constitutionalism is a moral compasswhich overlaps with the notions of limited government, separation of power andrule of law in regulating a country. It’s a concept that recognises thenecessity of a government and the freedom of an individual and how this intricatewith each other. There are two main key element of rights provision thatguarantees the right of an individual and structural provision that set thetone of actions for the organs and their limitation of power. Hence the spiritof a constitution recognizes the rights of a human.
Rule of law is a branch ofconstitutionalism which is a political morality doctrine. It embodies the basicprinciple of equal treatment to all people and in guaranteeing the basic humanrights. 1 Constitutionalismis the way to go, regularly connected with the political hypotheses of JohnLocke and the originators of the American republic, that administration can andought to be legitimately restricted in its forces, and that its power orauthenticity relies upon its watching these confinements.
This thought carrieswith it a large group of vexing inquiries of intrigue to legitimateresearchers, as well as to anybody quick to investigate the lawful andphilosophical establishments of the state.2 (1) ThisConstitution is the supreme law of the Federation and any law passed afterMerdeka Day which is inconsistent with this Constitution shall, to the extentof the inconsistency, be void. (2) The validity of any law shall not bequestioned on the ground that— (a) it imposes restrictions on the rightmentioned in Clause (2) of Article 9 but does not relate to the mattersmentioned therein; or(b) it imposes such restrictions as are mentioned inClause (2) of Article 10 but those restrictions were not deemed necessary orexpedient by Parliament for the purposes mentioned in that Article. (3) Thevalidity of any law made by Parliament or the Legislature of any State shallnot be questioned on the ground that it makes provision with respect to anymatter with respect to which Parliament or, as the case may be, the Legislatureof the State has no power to make laws, except in proceedings for a declarationthat the law is invalid on that ground or— (a) if the law was made by Parliament,in proceedings between the Federation and one or more States; (b) if the lawwas made by the Legislature of a State, in proceedings between the Federationand that State. (4) Proceedings for a declaration that a law is invalid on theground mentioned in Clause (3) (not being proceedings falling within paragraph(a) or (b) of the Clause) shall not be commenced without the leave of a judgeof the Federal Court; and the Federation shall be entitled to be a party to anysuch proceedings, and so shall any State that would or might be a party toproceedings brought for the same purpose under paragraph (a) or (b) of theClause.3 namely the right to personal liberty, to the writ ofhabeas corpus, grounds of arrest, rights to receive legal assistance, be produced before a magistrate within 24hours (article 5), abolition ofslavery( article 6), protectionagainst backdated criminal laws and double jeopardy and repeated trials ( article 7), right to equality (article 8), freedom to movement ( article 9), right to speech, assemblyand association( article10), freedomto religion ( article 11), rights inrespect of education (article 12)and rights to property( article13).
