Fundamental Liberties in Federal Constitution

Topics: Human rights, Universal Declaration of Human Rights, United States Constitution Pages: 6 (2323 words) Published: October 1, 2012
Fundamental liberties in Malaysia can best being referred to our own Federal Constitution (FC). It is fall into part II of the Federal Constitution. It basically refers to Malaysian liberties throughout their lives living in Malaysia. There are 9 articles regarding the fundamental in the Federal Constitution starting from articles 5 to 13. The United Nations Universal Declaration of Human Rights also recognised fundamental liberties as it stated that,all human beings are born free and equal in dignity and rights. Everyone is endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 5 is liberty of the person. This article stated that no person can be deprived of their personal liberty with accordance to the law (Clause 1). Also, it stated that a person who is unlawfully detained may be released by the High Court which is the right of habeas corpus (Clause 2). In Clause 3, it stated that a person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice. In Clause 4, stated that an individual cannot be arrest for more than 24 hours without magistrate permission. Government is entitled to stop or prevent individual from leaving or visiting country for various reasons. Examples are political boycott, threat of war, and pending criminal charges. Besides that, under Internal Security Act, detention without trial, it is exempted from complying with Article 5. Article 6, slavery and forced labour prohibited, provided that nobody can be held in slavery. All forms of forced labour are prohibited, but federal law, may provide compulsory service for country. It is stated that to serve a sentence in the prison imposed by court of law is not consider as forced labour. Restraints for this under article is also, such as compulsory service for national purposes, The National Service Program In Article 7 its states protection against retrospective criminal laws and repeated trials. In this article its states that no one shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. Its mean that a person who has been convicted before shall not be tried again for same offence except if the court order for a retrial. However, the acquitted or convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, or being tried under different statute. Move to Article 8 of FC which states equality. In Clause (1), all people are equal before the law and entitled to its equal protection. As in Clause 2, there is no discrimination against citizen on the ground only of religion and others. But there is exceptions under FC include affirmative actions to protect Malays and Bumiputras as in Article 153 as it allows reservations of quotas for the Bumiputras. Another examples or restrictions under article 8 are, Attorney General is given power to discriminate individual for public interest and the immunity given to certain people such as monarch or kings and diplomats. Article 9, prohibition against banishment and freedom of movement. Malaysians are protects from being banished from the country. The citizens has right to move freely throughout the Federation. The restriction for this is subject to banishment order made by Deputy Minister of Home Affairs under s 2(i) of Restricted Residence Enactment. Freedom of speech, assembly and association is the statement of Article 10. Its guarantees the freedom of speech, assembly and assemble peacefully for every Malaysians. But, Parliament may by law impose restrictions on these rights in the interest of the security of the Federation and so on. The restrictions under this article are Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses and Publications Act 1984. As for Freedom of Assembly Permit is sin qua non. It has to satisfy the police the assembly is not prejudicial and excite...
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