Abstract
In Malaysia, there is no one institution that can outdo the supremacy of the Federal Constitution. Even the three government bodies that refer to the power separation doctrine which is the legislative, judiciary and executive bodies even the Yang di-Pertuan Agong are under this Federal Constitution. The constitution can be divided into two, written and non-written constitution. The written constitution is the form of constitution that is gathered and arranged in one document. The non-written counterpart encompasses all of the constitutional principles not compiled in one document such as the law endorsed by the Parliament and the verdicts of the court such as in the United Kingdom. Other than the constitution, there are certain practices that are thought to be part of the principles of the constitution. This is known as the Constitutional Convention or the customary practice of the Constitution. Constitutional convention is a non-legislative practice and it is similar to the political ethics and not enforced in court. Although it seems trivial, it is important for this practice to be complied with, otherwise it is difficult for the constitution to work successfully as the constitutional convention cannot be brought to court and forced to be obeyed. Thus, the discussion of this article rests on the constitutional convention in terms of the social contract, the appointment of the Prime Minister, the appointment of the country’s main positions and collective responsibility.
Highlights
For a sovereign country like Malaysia, the constitution is the highest legislative source and every citizen must honour and obey its excellency as dictated in the third National Principle which is The Supremacy Of The Constitution
Malaysia comprises of the majority of the Malay ethnics, Chinese, Indians, Sabah and Sarawak Bumiputera the diversity of other ethnic groups
Every Malaysian needs to understand the concept of the Constitutional convention and they cannot see the Federal Constitution on the surface as the interpretation of the constitution has to be seen from the constitutional convention perspective, history, politics, social and economy
Summary
For a sovereign country like Malaysia, the constitution is the highest legislative source and every citizen must honour and obey its excellency as dictated in the third National Principle which is The Supremacy Of The Constitution. The non-written counterpart encompasses all of the constitutional principles not compiled in one document such as the law endorsed by the Parliament and the verdicts of the court such as in the United Kingdom. There are certain practices that are thought to be part of the principles of the constitution. Constitutional convention is a non-legislative practice and it is similar to the political ethics and not enforced in court. It seems trivial, it is important for this practice to be complied with, otherwise it is difficult for the constitution to work successfully as the constitutional convention cannot be brought to court and forced to be obeyed
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