Tuesday, April 06, 2010

The Federal Constitution

Today I came across a report about the Federal Constitution being given free to some individuals from an ethnic based political party as a reminder on what the supreme law of the land says about matters pertaining to the special position of the Malays and other provisions touching on the Malay Language and Malay Rulers. What seemed to be a document which contains a language which requires a certain legal skill to explain in depth about its ramifications is now being used as a means of expressing a group of Malay NGO's unhappiness of how others should view the historic antecedents of the Federal Constitution before it came into being.

In fact I have my doubts whether the people who are doing this could really understand the meaning of the legalese terminologies without the help of Constitutional Law lecturers like Prof. Shad Farouqi from the UiTM in Shah Alam. To make others aware of the country's history is not by giving them the Federal Constitution but suffice to give them any book on the short history of Malaysia.

When I was a student at University of Malaya more than 33 years ago, it took no less than the Solicitor-General who was then Dato' Salleh Abas ( now Tun ) to give us the lectures on the subject " Constitution of Malaysia ". From what he told us, one must not only be able to understand its literal meaning but more importantly the " spirit " behind the provisions. After having been through the mill, so to speak and having worked with many legal advisors in my career in government and administering the provisions of the law, only then I realised the wisdom of his lectures.

I think those who themselves lack the depth on the knowledge about the Federal Constitution should be the first to be taught about the meaning and spirit of the Constitution before giving it free and not for the right purpose. People who live in glass houses should not throw stones, as the saying goes.

4 comments:

norzah said...

I see that you're getting on to some very serious subject now, ya Akhi. Jayyid jiddan as your daughter said. The PM is really trying to create a new mindset now, away from the racial and chauvinistic thinking. But when one segment of the population continues to make unreasonable demands which infringe on the basic rights of the bumis, it's very difficult to quash or dissipate the reactions of the latter. Respect begets respect. You're very right in quoting the adage: when you're living in a glasshouse, don't throw stones. The NGO's action is more a reaction to me than a provocation. Salam.

kaykuala said...

Dear Hal,
It is not so much, the literal meaning than the spirit behind it, not so much the form than the substance.

Now here's another dimension added, the idea behind it. The idea is to present everyone common grounds to start from by distributing (the Fed Const)to them (assuming they digest and understand what they read)

So there's no saying they've not seen it. Good strategy!

kaykuala said...

Dear Hal,
Good strategy in not so much a clever way if I may add!

abdulhalimshah said...

Sdr Norzah and Hank,
I do understand the emotions of the people who react to the situation. But to be reactive does not solve the issue as the Malay saying goes " Api dalam Sekam " and it had been going on since our Independence. We must be seen not just to be "Reactionary force" but be more proactive. If we want to make all citizens be knowledgeable in the Constitution, then build it into the education system. Leave it to the people who are responsible for our education system to do it, because that's what they are paid for. Then our Information Ministry people comes next, and I think Sdr Norzah knows much better. I think many of them do not bother to read the Federal Constitution what more to understand it. Now if the Malays themselves allow this apathy to continue, how do you expect the others to respect us. Just food for thought.