Malaysia , Kazakhstan and United Kingdom -three different countries , three different constitution , three different level . Every country has constitution , this three different countries has

Malaysia, Kazakhstan and United Kingdom -three different countries, three different constitution, three different level. Every country has constitution, this three different countries has common things in constitution. And here we will compare this common things. At first we will stop on Malaysian constitution.

Malaysia is a federal constitutional monarchy in Southeast Asia. It consists of thirteen states and three federal territories. Land borders are shared with Thailand, Indonesia, and Brunei, and maritime borders exist with Singapore, Vietnam, and the Philippines. The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. In 2010 the population exceeded 27.5 million, with over 20 million living on the Peninsula.

History of the Malaysian Constitution

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 British 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 Malayan Union. The Federation consisted of the Federated Malay States (FMS), the Unfederated Malay States and the Straits Settlements of 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 defense, 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.

The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya. This proposal was accepted by Queen Elizabeth II and the Malay Rulers. Accordingly, pursuant to such agreement, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by Lord William Reid, 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. 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.

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 Elizabeth II 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 Elizabeth II 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.

Federal Constitution of Malaysia,

is the supreme law of Malaysia. Article 4(1) state that the constitution is the supreme law of the federation and any law passed after Merdeka Day which is inconsistent with this constitution shall, to the maximum extent of inconsistency, be void.

The Constitution is divided into 14 parts and 13 Schedules. Each part and schedule contain relevant articles. There are 181articles in the 14 parts, including those which have been repealed.

Parts

Part I - The States, Religion and Law of the Federation Part II - Fundamental Liberties Part III – Citizen ship Part IV - The Federation Part V - The States Part VI - Relations Between the Federation and the States Part VII - Financial Provisions Part VIII – Elections Part IX - The Judiciary Part X – Public Services Part XI - Special Powers Against Subversion, Organized Violence, and Acts and Crimes Prejudicial to the Public and Emergency Powers Part XII - General and Miscellaneous Part XIIA - Additional Protections for States of Sabah and Sarawak Part XIII - Temporary and Transitional Provisions Part XIV - Saving for Rulers' Sovereignty, Etc.

Schedules

First Schedule - Oath of Applications for Registration of Naturalization Second Schedule - Citizenship of persons born before, on and after Malaysia Day Third Schedule - Election and removal of the Yang Di Pertuan Agong and his deputy Fourth Schedule - Oaths of Office of Yang di-Pertuan Agong and his deputy Fifth Schedule - The Conference of Rulers Sixth Schedule - Forms of Oaths and Affirmations Seventh Schedule - Election and Retirement of Senators Eighth Schedule - Provisions to be inserted in State Constitution Ninth Schedule - Legislative Lists (The responsibilities and rights of the Federal and State government)Tenth Schedule - Grants and Source of Revenue Assigned to States Eleventh Schedule - Provisions of the Interpretation and General Clauses Ordinance, 1948 (Malayan Union Ordinance no. 7 of 1948), Applied for Interpretation of the Constitution Twelfth Schedule - (Repealed)Thirteenth Schedule - Provisions Relating to Delimitation of Constituencies Notes - The original texts of articles 1 to 15 before they were modified.

Article 5

Article 5 by clause provides that no person may be deprived of his life or personal liberty save in accordance with law. Thus you cannot kill or imprison a man unless authorized by law. Clause 3 is in two parts. First, it provides that if a person is arrested, he must be informed as soon as possible of the grounds of his arrest. Second, it provides that he must be allowed to consult and be defended by a legal practitioner of his choice. There is an exception to Clause 3 and that is the Internal Security Act which allows detention without trial at the pleasure of the Prime Minister or the minister-in-charge in the name of national security.

Article 11

Though Islam is the religion of the Federation, Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territory, federal law may control or restrict the propagation of any religion, doctrine or belief among persons professing the Muslim religion. There is, however, freedom to carry on missionary work among non-Muslims.

Article 13

Article 13 provides that no person may be deprived of property save in accordance with law. No law may provide for the compulsory acquisition or use of property without adequate compensation.

Article 121

In 2006 a judge ruled that Article 121 limited the federal courts from ruling on matters ruled on by the Syariah court (Islamic court).

Article 150

This article permits the Yang Di Pertuan Agong to issue a Proclamation of Emergency and to govern by issuing ordinances that are not subject to judicial review if the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened.

Article 152

Article 152 states that the national language is the Malay language. However, the Constitution guarantees the freedom of learning and using of other languages, except on official purposes.

Official purposes

Here means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority. To this effect, all court proceedings and parliamentary documents and meeting sare conducted in Malay. The official script for the Malay language is also stated in Article 152 as rumi or the Latin script. However, use of Jawi is not prohibited.

Article 153

Article 153 grants the Yang Di Pertuan Agong or King of Malaysia, responsibility for safeguarding the rights and privileges of the Malay and other indigenous peoples of Malaysia, collectively referred to as Buniputra. The article specifies how the federal government may protect the interest of these groups by establishing quotas for entry into the civil service, public scholarships and public education. It is often considered to be part of the social contract.

According to constitutional scholar Prof. Shad Saleem Faruqi, the Constitution has been amended 42 time sover the 48 years since independence as of 2005.However, as several amendments were made each time, he estimates the true number of individual amendments is around 650. He has stated that "there is no doubt" that" the spirit of the original document has been diluted".

In July 2007, the Court of Appeal held that the doctrine of separation of powers was an integral part of the Constitution; under the Westminster System Malaysia inherited form the British, separation of powers was originally only loosely provided for.

Article 181

Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler within their respective states. They also cannot be charged in a court of law in their official capacities as a Ruler. The Malay Rulers can be charged on any personal wrong doing, outside of their role and duties as a Ruler. However, the charges cannot be carried out in a normal court of law, but in a Special Tribunal under the purview of the Council of Rulers.

Article 74

Article 74 of Federal Constitution states that parliament may make law with referring to matters provided in the federal list and state legislatives may make law with referring to matter provided in the state list. Concurrent list is in the scope of enactment by both parliament and state legislatives. State list, federal list and the concurrent list are contained in the Ninth Schedule of Federal Constitution. If there are any contradictions between federal and state laws, the federal law shall prevail and state law is void to the scope of inconsistency. This was provided by Article 75 of Federal Constitution.

Legislations are the laws that are established by the Parliaments at federal level and by the State Legislative Assemblies at the state level. In Malaysia the legislative gets its authority from the Federal Constitution. It mentions the scope of the Parliament and the State Assembly. If the Parliament (or any State Assembly) makes a law which is not in its scope of authority or contradicts with the constitution, the courts can declare that as null and void.

Article 160

Article 160 of the Constitution of Malaysia defines various terms used in the Constitution. It has an important impact on Islam in Malaysia and the Malay people due to its definition of a Malay person under clause 2.

The article defines a Malay as a Malaysian citizen born to a Malaysian citizen who professes to be a Muslim, habitually speaks the Malay language, adheres to Malay customs, and is domiciled in Malaysia or Singapore. As a result, Malay citizens who convert out of Islam are no longer considered Malay under the law.

Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The related case is Eng Keock Cheng v. Public Prosecutor. In this case, Eng Keock Cheng who was convicted committed 2 offences during emergency period and was ordered to put to death. He appealed on the ground that there were neither a preliminary enquiry nor a jury adopted by High Court which were required under Criminal Procedure Act and claimed that the procedures set out in Emergency (Criminal Trial) Regulations 1964 was invalid as It contradicts with Article 8 of Federal Constitution. It was held that Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The appeal was dismissed.

In the case Karpal Singh v. Public Prosecutor, it was held that the criminal offences in Malaysia were provided by Criminal Procedure Code of Malaysia and therefore, there is no allowance for English law to apply.

Islamic law, which is only applicable to Muslims, is enacted under the Federal Constitution. The state legislatures have the power and are permitted to make Islamic laws pertaining to persons professing the Islam religion. Such laws are administered by separate court system, Syariah Courts. State legislature also has the jurisdiction over the constitution, organization and procedures of Syariah Courts. Now, Islamic laws are increasingly applied in banking and land laws other than applied to family matters and estate matters. The YDPA is the head of Islam in his home state, Penang, Malacca, Sabah, Sarawak and Federal Territories. The head of Islam of other States is Sultan.

And here second we will stop on Kazakhstan constitution

Kazakhstan, officially the Republic of Kazakhstan, is a transcontinental country in Central Asia and Europe. The ninth largest country in the world by land area, it is also the world's largest landlocked country; its territory of 2,727,300 square kilometers (1,053,000 sq mi) is larger than Western Europe.It is neighbored clockwise from the north by Russia, China, Kyrgyzstan, Uzbekistan, Turkmenistan, and also borders on a significant part of the Caspian Sea. Although Kazakhstan does not share a border with Mongolia, its most easterly point is only 38 kilometer’s (24 mi) from Mongolia's western tip. The terrain of Kazakhstan ranges from flatlands, steppes, taigas, rock-canyons, hills, deltas, and snow-capped mountains to deserts. With 16.6 million people (2011 estimate) Kazakhstan has the 62nd largest population in the world, though its population density is less than 6 people per square kilometer (15 per sq. mi.). The capital was moved in 1998 from Almaty, Kazakhstan's largest city, to Astana.Kazakhstan is one of the Turkic states in Central Asia.

The Constitution of the Republic of Kazakhstan

Adopted May 30, 1995 in a national referendum the Constitution of Kazakhstan after the changes made to it in 1998 and 2007, respectively, consists of nine chapters and 98 articles. Incorporating the best ideas of democracy at the heart of it puts a person with his rights and freedoms. As a democratic state, Kazakhstan today is positioned as a legal and social state. Today, the Constitution of Kazakhstan to the principles of democracy, and therefore the only source of power set the people. In addition, the Constitution of the Republic of Kazakhstan shall recognize and state and private property, it guarantees equal protection of both. The official language of the country recognized by the Kazakh, but the Constitution officially allowed to use the authorities and public organizations, and Russian.

The Constitution of Kazakhstan established that human rights and freedoms belong to him from birth, and every citizen has the right to protect their rights and freedoms in all courts and before the law and the courts appear all on equal terms. Under the Constitution, every citizen of Kazakhstan shall have the right to life, freedom of speech, freedom of creativity and freedom of worship, work and leisure, health care, to free secondary education and the inviolability of the home. The Constitution of the Republic of Kazakhstan guarantees the independence of the judiciary and the rule of their decisions.

As acknowledged by the President of Kazakhstan Nursultan Nazarbayev, the country's Constitution is the foundation of freedom, because it gave the people of the most important thing - the right choice.

Adopted by national referendum 30 May 1995 (with subsequent amendments of 1998 and 2007.), The Constitution of RK consists of 98 articles in 9 sections.

Constitution as the fundamental law of the country reflects the will of the people of Kazakhstan, his desire for the approval of the country "as a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms" (Nazarbayev).

Modern, absorbing ideas and concepts developed constitutional democracies of the world, the Constitution of the Republic of Kazakhstan provides for the basic universal human and democratic values.

Article 1 of the Constitution of the Republic of Kazakhstan is a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.

Article 3 establishes that the sole source of state power is the people.

Article 6 declares that the Republic of Kazakhstan shall be recognized and equal protection of the public and private property.

Article 7 states that the Republic of Kazakhstan is the Kazakh government, but state organizations and local governments on an equal basis with Kazakh official Russian language is used.

Article 12 declares that the rights and freedoms enjoyed by everyone from birth, be recognized as absolute and inalienable.

Article 13 declares that everyone has the right to judicial protection of their rights and freedoms.

Article 14 stipulates that all are equal before the law and the courts.

Article 15 declares that everyone has the right to life.

Article 20 guarantees freedom of expression and creativity, and prohibits censorship.

Article 22 declares that everyone has the right to freedom of conscience.

Article 25 proclaims the sanctity of the home.

Articles of the Constitution also secured the right of everyone to freedom of labor, right to leisure, health, free secondary education.

Article 77 guarantees the independence of the judiciary and the rule of court decisions

According to the President of the Republic of Kazakhstan, "The Constitution became the basis of our freedom. It consolidates all of the complex of our victories, our findings, which brought independence... We learn to live in a democratic society - and that means every day are creating democracy. Our Constitution... has given us the main thing - the right choice, because to do their own lives - more precious than any treasure. "

More significant amendments to the Constitution adopted in 2007. Together, they are reduced to the following: the transition to the proportional electoral system, strengthening the status of the parliament by introducing rules on the approval of the Prime Minister of the parliamentary majority and the president of the consultation procedure with party factions in the appointment of the Prime Minister, the Assembly of Peoples of Kazakhstan was given constitutional status and was entitled to delegated their representatives to the Majilis and the Senate of the Parliament in accordance with the quota

In February 2011 the Constitution was amended to establish the constitutional foundations of the destination and extraordinary presidential elections in the country

And last one is United Kingdom

The United Kingdom of Great Britain and Northern Irelan (commonly known as the United Kingdom (UK) or Britain) is a sovereign state located off the north-western coast of continental Europe. The country includes the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands. Northern Ireland is the only part of the UK that shares a land border with another sovereign state—the Republic of Ireland. Apart from this land border the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel and the Irish Sea.

The Constitution of the United Kingdom

Historical features of the development of the state led to a non-standard nature of the British constitution. Britain did not know at once established as a constitutional act. Features of the Constitution refer to the form, but do not relate to its content or substance. The shape of the British constitution has a combined, systematized character, it is composed of two parts - written and unwritten. This character has all the branches of English law, therefore, constitutional law does not seem very clear, definite. Britain's unwritten constitution is often called, referring to the fact that she had never been "written" in a single act, write and unwritten parts of it are, in turn, different, very diverse sources.

Pissing part includes the right to a status that is taken in different years, and even the era of Parliament governing the constitutional nature, but none of these laws is the fundamental law, and court decisions (precedents), having as its subject matters which are of the same constitutional nature. Although court decisions have painted an objective, ie recorded on paper, the character, yet the doctrine classifies them as part of the unwritten law. the phrase "painted" the law means the law is formally adopted by the Parliament, whether it is recorded on paper or not, and the term "unwritten" law is used to refer to the law, not accept the Parliament. Court decisions constitute a system of "common law", and they mainly affect the rights and freedoms of citizens, as well as the relationship of various government agencies. Judicial precedents myriad, the most important of these are solutions of the higher courts, especially the House of Lords - the supreme court of the country. Its decisions are binding on all courts.

To actually apply the unwritten part of the constitutional agreement is not legally documented anywhere, but regulators are generally the most important issues of public life. These agreements, or a system of customary law are dealt with in the UK as the basis of constitutional law. Custom are established in practice, the rules do not enjoy legal protection. Royal prerogative, for example, are part of customary law. These include rules governing the appointment of Ministers, the collective responsibility of cabinet ministers, dissolve parliament, the conclusion of international treaties, declare war, etc. In practice, these prerogatives are made crown (monarch), upon receipt of approval of the government in power. The sovereignty of parliament - the fundamental principle of British constitutional law - is also a principle of customary law. It has been repeatedly recognized by the courts, in particular, in 1840 the court reaffirmed the right of Parliament to judge of its members for violation of their rights and privileges, in 1884 the court confirmed the full right of Parliament to manage their internal affairs.

Historically, the constitutional arrangements have different origins. They arise because of the circumstances as a result of inter-party struggle, and plays the role of the slow evolution of current practices, adapting it to changing conditions. No one can make to comply with the constitutional tradition, this is not any - or an ad hoc body. Parliament - the keeper of the theoretical sovereignty - at any time, may offer a new rule revoking or abolishing the previous custom. There is no accurate list of constitutional arrangements. Practically, they are all elements of the British political system.

The status is entitled to fragmental character, acts of Parliament on constitutional issues, there are about four thousand, and this number is constantly increasing. Some Acts of Parliament can be considered as a purely constitutional, devoted entirely to what - or the issue of constitutional regulation. These include, in particular, a number of laws on the composition, powers and relationships Houses of Parliament (Act of Parliament in 1911 and 1949., Perah Act of 1963), laws on the legal status of the individual - for example, Habeas Corpus Act 1679, Bill of Rights 1689, (though these acts are now more historical character, as they were gradually replaced almost completely by later laws in criminal law and criminal - procedural law), the Voting Rights Act (Representation of the People Acts of 1949, 1969, 1974., etc.), laws on local government (Local Government Acts 1972 and 1985.). The constitutional provisions are contained in the laws that regulate these standards is part of the act along with other issues, for example, the ministers of the Crown Act 1975 along with the questions of a constitutional nature contains many provisions relating to administrative law. The constitutional provisions may be contained in the act of delegated legislation.

The peculiar system of English constitutional law in general, of course, covers all aspects of this regulation, but each member is the right components - court decisions, the law or what - or custom - does not claim to be the general principles, all of them, usually owe their the origin of particular cases, individual needs that caused the need to complement, adapting the existing order of resolution of certain issues to the new circumstances.

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