Federal Constitution : Fundamental Liberties
The term of "constitution" could mean body of legal and non-legal rules concerning the government of a state. It’s also a written document having special legal status, which establishes the state and sets out the structure and powers of the state. There are several type of constitution that is State of Federal Constitution, Written or Unwritten Constitution and Flexible or Rigid Constitution. In Malaysia, both Federal Constitution and State Constitution exist and these constitutions are in written form. The Federal Constitution consists of 183 articles and and 15 parts.
Fundamental liberties are rights and freedoms that we have as human beings. Some fundamental liberties are set out in the Constitution. Because these rights and freedoms are set out in the Constitution, they are said to be ‘guaranteed’ and cannot be taken away from us unless the Constitution itself allows it. Fundamental Liberties is provided in Articles 5- 13 of the Federal Constitution. Liberty of the person. Articles 5(1) provides: "No person shall be deprived of his life or personal liberty save in accordance with law." Article 5(2) provides: " Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and unless satisfied that the detention is lawful, shall order him to be produced before the court and release him." Articles 5(3) provides: "where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice." Articles 5(4) provides: " Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistate's authority". Slavery and forced labour prohibited....
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