Laws of the Constitution of Perlis 1959

Laws of the Constitution of Perlis 1959
Original titleUndang - Undang Tubuh Kerajaan Perlis 1959
Created26 March 1959
Date effective1 March 1959 (1959-03-01)
Signatories
  • Syed Hussin Syed Zain Jamalullail
  • Mohd Razzali Ali Wasi
  • Ahmad Mohamad
  • Wan Ahmad Wan Daud
  • Sheikh Ahmad Mohd Hashim
Purpose
  • Replace the Laws of the Constitution of Perlis 1948 and 1950
  • Formation of Malaya 1957
Official website
Undang-Undang Tubuh Kerajaan Perlis 1959

The Laws of the Constitution of Perlis 1959 is the constitution of the state of Perlis in Malaysia and establishes the state as a constitutional monarchy with the Raja of Perlis as its head of state. It also laid down the fundamental structure and machinery of government in Perlis, such as the state executive council and the state legislative assembly. It came into force in March 1959 following the independence of Federation of Malaya in 1957.[1]

History

The Laws of the Constitution of Perlis Part I was firstly introduced on 1 February 1948, following the formation of Federation of Malaya. Under the State Agreement, the Malay Rulers are required to promulgated their State Constitution of which are used to distinguish the legislative power from the executive power by constituting a legislative body. Part II was introduced on 30 December 1950.[2][3]

After Malaya gained independence, following the Fourth Schedule of Federation of Malaya Agreement 1957, the previous Laws of the Constitution of Perlis was revoked and replaced with the Laws of the Constitution of Perlis 1959.[4]

Composition

The Constitution, in its current form (1 January 2008), consists of 4 Parts, 20 chapters containing 83 articles and no schedule.[5]

Citation

Article 1 states that Laws of the Constitution of Perlis is read subject to the Federal Constitution.

Part I

Part I contains four articles; article 2 to 4A that pertains to the interpretation of the terminologies used in the constitution, interpretation of the constitution by the High Court, amendment and reprint of the constitution.

Part II

Part II contains two articles; article 5 and 6 that pertains to the religion of the state and Raja's role as the Head of Religion. It also provides that everyone has the freedom to practice his own religion.

Part III

Part III Preliminary

Part III Preliminary consists of three articles; article 7 to 9 that pertains to the interpretation of terminologies related to the heir of thrones and that the throne and sovereignty shall descend lineally from Raja Syed Putra. If none of the descendant of Raja Syed Putra is alive to inherit the throne, then the throne shall be pass on to the descendants of Almarhum Tuan Syed Safi, Tuan Syed Ahmad or Tuan Syed Hussein in this order.

Chapter 1 – Council of Succession

This chapter contains nine articles; article 10 to 18. It addresses the functions of Council of Succession (Majlis Mesyuarat Mengangkat Raja), the appointment of its members, and rules regarding the council's proceedings.

Chapter 2 – The Sovereign

The chapter contains ten articles; article 19 to 27. It pertains to the Raja of Perlis, including the qualifications of becoming the Raja, powers of the regency, the process of appointing a regent and his representative in the Conference of Rulers and rules regarding the abdication of Raja.

Chapter 3 – The Sovereign's Consort

Chapter 3 contains only one article; article 28 that pertains to the appointment of Raja Perempuan as the Raja's consort.

Chapter 4 – The Heirs

Chapter 4 contains three articles; article 29 to 31. This chapter pertains to the Heirs of the Raja including Heir Apparent of Perlis or Raja Muda, including the styles and titles that he may use and his role in state affairs.

Chapter 5 – General

Chapter 5 contains four articles; article 32 to 35. This chapter pertains to the Raja's role as the fountain of honours and dignity. It addresses the Raja's powers in giving honours, the power to degrade any rank or title he had conferred, the power to appoint court and palace officers for ceremonial duties as well as prerogative powers.

Part IV

Chapter 1 – Executive

This chapter contains nine articles; article 36 to 43A. It pertains to executive authority power of the Raja, the process of appointment of Menteri Besar of Perlis, State Secretary, Legal Advisor, Financial Officer, and the members of Perlis State Executive Council and rules regarding the proceedings of the council.

Chapter 2 – Power of Pardon

This chapter contains only one article; article 44 which addresses the power of Raja to give pardon, reprieve or respite to convicted criminals that carries out crime in the state.

Chapter 3 – Capacity of the State

This chapter contains only one article; article 45 which addresses the capacity of the state to acquire, hold or dispose of property of any kind, and to sue or be sued.

Chapter 4 – The Legislature

This chapter contains twenty articles; article 46 to 65. It pertains to the Perlis State Legislative Assembly, its memberships, summoning, prorogation and dissolution, Speaker election, roles, and proceedings.

Chapter 5 - Finance

This chapter contains six articles; article 66 to 71. It addresses financial issues and the budget.

Chapter 6 - Special Position Relating to the Malays

This chapter contains only one article; article 72, which pertains to the special position of the Malays and the Raja's role of safeguarding it.

Chapter 7 - Impartial Treatment

This chapter contains only one article; article 73, which provides that there shall be impartial treatment towards any state employees regardless of their races.

Chapter 8 - General

This chapter contains three articles; article 74 to 76. Article 74 describes the state seal use by the state ruler. Article 75 describes the state's emblems and flags. Article 76 describes the state precedence list subject to the Federal Constitution.

Chapter 9 - Commencement

This chapter contains only one article; article 77, which states the effective date of the state constitution as the date of dissolution of the last council of State.

Chapter 10 - The Royal Prerogative

This chapter contains only one article; article 78 which states that constitution shall not affect the prerogatives, powers and jurisdiction of the ruler.

Chapter 11 - Transitional Provision

This chapter contains two articles; article 79 and 80, which respectively describes the temporary provision as to composition of the State Executive Council and the revocation of the Laws of the Constitution of Perlis formerly in force.

References

  1. ↑ "Pengisytiharan Kemerdekaan Tanah Melayu" (in Malay). National Archives of Malaysia. Archived from the original on 7 October 2011. Retrieved 24 April 2011.
  2. ↑ Rahman, Azly; Lim, Teck Ghee; Gomes, Alberto (2009). Multiethnic Malaysia : past, present and future. Petaling Jaya: Strategic Information and Research Development Centre (SIRD). ISBN 978-9833782789.
  3. ↑ Lee, Kam Hing. "Road to Independence (1)". english.cpiasia.net. Center for Policy Initiative Asia. Archived from the original on 11 May 2013. Retrieved 26 April 2018.
  4. ↑ UK Secretary of State for the Colonies. Federation of Malaya Agreement . The UK National Archives – via Wikisource.
  5. ↑ "Constitution of the state of Perlis 1959". State Secretariat Office Corporate Mangement and Integrity Unit.
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