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The term "living document" in reference to the FC, refers to the malleability of the FC; its ability to evolve according to the changing requirements of society. These changes can be good or bad depending on who is in charge of upholding and safeguarding the FC. Our FC has undergone countless surgeries, cosmetic and otherwise; sometimes justifiably so but at other times, it has been to suit political expediency. One such example of this was when the powers of the judiciary, the traditional guardian of the FC and the rights therein, were diminished by constitutional amendments passed by Parliament. This was a precursor to the disastrous events of the 1988 judicial crisis, which shamefully led to a compromised and politically subservient judiciary. Much like the divine battles of the Greek Gods, Zeus and Kronos, we had before us, circa 1988, the national spectacle of the executive and Parliament versus the judiciary, with the FC as one of the weapons of choice.

The FC is the highest law of the land. The fundamental rights of citizens and its limits; the establishment, organisation, functions and powers of the three branches of the government – the executive, Parliament and judiciary; the limits and the responsibilities of the government and even the definition of a citizen are among the things contained within it. Without the FC, the machinery that is Malaysia would come to a grinding halt and chaos would ensue.

Our country supposedly subscribes to the doctrine of constitutional supremacy. This, among other things, means that our government is supposed to be subservient to the FC; it cannot act as it pleases because its powers are limited by the FC. However, as we have seen, this is not always the case. The loophole as some may call it, is that Parliament has the power to amend the FC with a two-thirds majority. This means that Parliament or the party that controls Parliament is in effect supreme, not the FC. This stranglehold on the FC is further strengthened if the power to interpret the FC, which resides in the judiciary, is compromised. So, if we have a politically compromised judiciary, we are assured of erroneous and unconstitutional interpretations or decisions. In India, their constitution can similarly be amended by their Parliament and many constitutional amendments have indeed been passed. However, the stoic judges of the Indian subcontinent are good examples of independent judges who fearlessly defend the Indian Constitution. There have been instances where when faced with attempts to amend the basic structure of the constitution, the Indian judiciary has resisted and in no uncertain terms informed the Parliament to leave their constitution alone and instead head for the nearest kite maker, pick a kite and fly it. Our judges, however, do not follow the example set by their Indian counterparts and so our FC remains at the mercy of the two-thirds majority of Parliament.

The FC is what protects the citizens of this country from abuse of power by those who govern and it guarantees us certain immutable rights. The fact that every law-abiding citizen is free to walk down any street in Malaysia is a right that stems from the FC. The fact that we can reasonably expect that when we are merrily on our way to the nearest kedai kopi for a much deserved kopi ‘O’ and roti bakar, we are not suddenly swept off our feet and held captive by some law enforcement officer because of the colour of our skin or our religious beliefs (although, some of us are for that very reason occasionally rounded up at pubs and clubs and carted off to a lock-up), stems from the FC.

It can be said that our FC has been treated badly over the years. It has been abused and misinterpreted. However, the worst treatment it receives is when it is ignored and hidden as if it were a grotesquely disfigured family member.

All too often, we hear of fellow citizens whose rights are ignored or denied and often, this is due to the ignorance of both the perpetrator and the victim. This is not to say that those who have a working knowledge of the FC are safeguarded from being denied their rights or are able to confidently speak up for the rights of others. These constitutionally savvy few are too small in number to make any significant difference. When these people cry foul over an infringement of rights, their voices are often equivalent to a mouse squeaking underfoot. The fact is, if a majority of citizens remain ignorant of their guaranteed rights, these rights will remain merely words on a piece of paper, lifeless and wasted.

We should take the time to evaluate our role and our future as citizens of this country. Our collective destiny as Malaysians is in our hands and we need to equip ourselves with the right tools if we are to become a free and strong society instead of remaining ignorant victims. A good first step would be to pick up a copy of the Federal Constitution and have a good long read. If you can’t afford to spare RM15 for a copy, don’t despair. Go to www.pogar.org/publications/other/constitutions/malaysia-e.pdf

Sunil Lopez is a member of the Human Rights Committee, Bar Council Malaysia. For more information, see www.malaysianbar.org.my/human_rights/. The views expressed in this article are personal to the writer and may not necessarily represent the position of the Bar. Complaints of rights violations may be forwarded to oysim@malaysianbar.org.my.