Protection Of The Federal Constitution Of Malaysia

9 Pages 2271 Words

The Federal Constitution of Malaysia allocates a significant part in which it underlines and provides for the fundamental liberties of the people, citizens and even all persons. One of the most important aspects of life itself is the freedom to express and withhold what is naturally given to us. Part II of the Federal Constitution sets out to emphasize the fundamental liberties. It consists of Art. 5 to Art. 13.

Art. 5 provides for the liberty of the person. Liberties of the person are so highly regarded that this article is arranged in such a manner that it reflects the importance of the previous article which defines the supremacy of the Federal Constitution. Andrew Harding in his book, ‘Law, Government and the Constitution in Malaysia’ expresses the provision of Art. 5(1) as the most fundamental of fundamental-rights provisions: No person shall be deprived of his life or personal liberty save in accordance with the law. As mentioned earlier, this is indeed a true aspect of life, one of which is the underlying factor that determines the need for other fundamental liberties. The right to live is given to all persons, not just limited to citizens according to this article. Art. 5(2) goes on to provide for the right to Habeas Corpus: 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. Art. 5(3) provides for the right to be informed of the grounds of arrest and to legal representation of choice: Where a person is arrested he shall be informed as soon as may of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. Art. 5(4) provides for the right to be produced before a magistrate within 24 hours of arrest: Where a person is arrested and not released he shall without...