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WHY? The blueprint for Malaysia PDF Print E-mail
Monday, 09 November 2009 02:56pm
Image© Off the Edge (Used by permission)
By Malaysian Bar Council (Constitutional Law Committee)

THE JUDICIAL CRISIS of 1988. The release of the Lingam Tape in 2007. The political tsunami on March 8, 2008. The Perak Government take-over. The cow-head protest.The anti-ISA rallies. Whipping Kartika. Beer bans. Religious bigotry. Racial conflict. The conflict between Federal-State powers. The role of the national language. All these issues strike at the core of our society.

All these issues find life or root in the Constitution, whether the protagonists of those issues realise it or not. Never have constitutional issues been discussed as frequently, and with such vigour in public spaces and our media as in the last two years. Emotions have been known to take over reason. Racial and religious sentiments are constantly expressed despite our collective efforts at national harmony.

Citizens have started to be heard on matters close to their hearts, youths have advocated strong positions on the direction of our country, our leaders grapple with calls for transparency and accountability in the administration of our affairs. All done against the backdrop of the Constitution.

The Federal Constitution is the ‘rule book’ of this country. It is the supreme law of the land: it sets up Parliament, our system of government and the Judiciary, and it grants rights to the Rakyat. Yet it is a document that is shrouded in mystery and that the average Malaysian might find intimidating for its language as much as for its concepts.

So when people invoke the Constitution, they are seen to make very powerful statements. At times, however, such statements have been inaccurate or provisions of the Constitution have been misinterpreted or misconstrued.

With this in mind, the Rakyat must be able to consider for themselves whether any statements made invoking the Constitution are accurate and to be accepted.

A growing number of the Rakyat have started to display an interest in learning more about the Constitution. Malaysians have started asking a myriad of questions regarding the Constitution and the idea of constitutionalism, in general. People are speaking about the Constitution, but they lack even basic information of this document that defines us as a nation. The Rakyat need to know about the Constitution. The Rakyat need to read the Constitution for themselves. But how many Malaysians have actually creased the spine of this document they knowas the Constitution?

Guided by these observations (and, for the first time in the history of the Malaysian Bar), the Bar Council in March 2009 formed its Constitutional Law Committee (ConstiLC) to promote constitutional awareness and constitutionalism, as part of the Bar’s wide-ranging initiatives in society.

Because the Constitution is not something just for the government, politicians or lawyers to be concerned about, because the Constitution has real impact in the lives of the Rakyat, the ConstiLC would like to make the Constitution more accessible to everyone.

The ConstiLC comprises lawyers, academics, students, media personnel and activists. Its ‘vision and mission’, contained in its twoyear blueprint (2009-2011), is to:

- Promote the concept of constitutionalism and the rule of just law;

- Raise awareness of, educate and empower the Rakyat on provisions of the Federal Constitution;

- Document and respond to constitutional issues that arise;

- Discuss and critique Court decisions on constitutional issues, and where necessary, offer alternative interpretations;

- Conduct research on matters related to the Federal or State Constitutions and where necessary, make recommendations for constitutional reform; and

- Assist and advice the Bar Council on constitutional matters.

MyConstitution Campaign (Kempen PerlembagaanKu)

Recognising the need to educate Malaysians on the role, function and content of the Federal Constitution, the focal initiative of the ConstiLC’s work is to conduct a firstever nationwide educational and awareness campaign, the MyConstitution Campaign or Kempen PerlembagaanKu.

As part of the two-year campaign, the ConstiLC will, among others:
-Publish a series of pocket-sized, ‘The Rakyat Guides’ booklets on the Constitution;

-Produce a series of ‘The Rakyat Service Advertisements’ on different themes of the Constitution; and

- Host a series of awareness-raising and interest-building programmes on the Constitution through symposiums, dialogues, forums and lectures.

The core themes of the Campaign include the supremacy of the Constitution, the protection of the fundamental rights of the Rakyat, the role and functions of Parliament, the Executive and the Judiciary, the relationship between the Federal Government and State Governments, and the electoral process.

The ConstiLC aims to bring the message of the campaign to at least six million households in the Peninsula, and in Sabah and Sarawak. We also hope to work with the federal government, state governments, private and corporate sectors, academic institutions, NGOs and media organisations, always emphasising the collective ownership of the Constitution.

MyConstitution launches very soon. We need your support!

For more information, please go to, www.malaysianbar.org.my/constitutional_law_committee/ or contact Ms Vilashini Vijayan at vila@malaysianbar.org.my, (03) 2031 3180)

[REPRODUCED WITH KIND PERMISSION OF "OFF THE EDGE"]

Click here to access the full article from Off the Edge (October 2009 issue)
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