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Limitation of freedom of speech in Malaysia
Limitation of freedom of speech in Malaysia
The relations between the three branches of power in Malaysia
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1.0 History
The Malaysian Federal Constitution is considered as the supreme law in Malaysia. It is actually formed after the Constitution of the Federation of Malaya. The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of Malaysia today. It is drafted by Reid Commission that headed by Lord William Reid in order to formulate a constitution for the preparation of a fully self-governing and independent Federation of Malaya. (Malaysia History,2016)
The Federal Constitution of Malaysia, which came into force in 1957, was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore (now independent) became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial. It provides for the establishment and the organization of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate. Then, the executive branch led by the Prime Minister and his Cabinet Ministers, and the judicial branch headed by the Federal Court. The document also defines the rights and responsibilities of the
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Thus, right to freedom of speech and expression means the right to explicit one's own persuasion and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus implicate the expression of one's idea through any communicable medium or visible representation, such as gesture, and signs. This expression signify also publication and thus the freedom of press is included in this category. (The Constitution of
The purpose of a constitution was to remove the royal authority 's institution and still govern the people with a popular sovereignty. Each colony developed their own constitution in different ways based on the economic, political, freedom, and social demands of the people as well as the states ' experiences. The Virginia constitution and the Massachusetts constitution were the two of the many states that created a constitution. Both of the constitutions have their similarity and difference, but they are more in common. In fact, It is said to be that the Massachusetts constitution was often overshadowed by the Virginia constitution. Nonetheless, the similarity between both constitutions is the structure of a commonwealth. That being the case, each state 's government are related to the federal government.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
The Texas Constitution provides for the division of power and integration of Bill of Rights to the constituents of the State of Texas. The Texas Constitution is made up of a preamble, seventeen articles, and an appendix. The current Constitution was written on November 26, 1875, and adopted February 15, 1876, it is also the eighth constitution to be adopted by the State of Texas. Similar to the United States Constitution the Texas Constitution contains a preamble as follows, “Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution” (Tex. Const., pmbl).
The Constitution provides the basic framework of our American Government. The Constitution established the structure of the Government and a written set of rules to stabilizes the conduct of the government . The Constitution was ratified in 1788 in Philadelphia. After long diatribe and political battle between the Federalists and the Anti-Federalists, they finally came to and Agreement. The Constitution divided the national government into three branches; Legislative, Executive, and Judicial. The government is based upon the principles of separation of powers and checks and balances even though in practice many powers and functions interchanged and are shared. In 1791 the states ratified the Bill of Rights in order to protect individuals from the power of the federal government. The 1st Ten Amendments to the Constitution involve provisions for freedom is religion, speech,, press, assembly, and petition. Through the year 2000 the Constitution has been amended twenty seven times due to interminable needs by the people.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
Freedom of speech is the gift to speak one’s mind, challenge political figures, stand up for what you believe in, and most importantly never have a fear that the words you say can cost you your life.2 In the 1800s-1900s many inventions such as the television, radios, typewriter, and telephone were invented that have allowed ones speech to reach all of the United States within a turn of a switch.3
The United States Constitution is the supreme law of the land in the United States of America. The Texas Constitution establishes the structure and purpose of the Texas government. Constitution can also be defined as a body of fundamental principles or established precedents according to which a state or other organization is acknowledged in being governed. Each of these constitutions can be related in many ways as wells as being able do differentiate the two. Coming with strengths and weaknesses each plays a role and ultimately can coexist and learn from each other. These documents are critically important and share common goals that differentiate slightly. By breaking down the internal process of each of these constitutions the end goal is
Constitution is a set of rules which details a country’s system of government (Elliott & Quinn 2009, p. 2). Most of the time, the constitution is a written document, but in Britain, the constitution cannot be found written down in one document, and is known as an unwritten constitution. There are three basic fundamental principles of Britain’s unwritten constitutional tradition which are:
Freedom of expression is an inalienable human right and the foundation for self-government. Freedom of expression defines the freedoms of speech, press, religion, assembly, association, and the corollary right to receive information. Human rights and intellectual independence; the two are inseparably linked. Freedom of opinion and determining what you want to read is not
Freedom of expression is also known as an American form of human rights that is intertwined directly to the Bill of Rights of the United States Constitution as well. This freedom was granted as the first written constitution of the democratic government for the United States. However, the freedom of expression was characterized by the United States Supreme Court as a fundamental right to grant liberty and to sustain to any principles within existence. There are many supporting elements associated with the freedom of expression. For example, the freedom of speech, freedom of religion, freedom of association and the freedom of the press are all connected by United States...
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
Freedom of speech has many positive things, one of which is the help it gives on decision-making. Thanks to freedom of speech it is possible to express personal ideas without fear or restraints; therefore, all the perspectives and options will be on the table, giving people more opportunities to choose from. Nevertheless, everything in life has a limit, and the limit of freedom of speech depends directly on the consideration of the rights of others. People is free of believing what they want, thinking what they want, and even saying what they want, everything as long as they do not intrude or violate anyone else's rights. Under certain circumstances freedom of speech should be limited, and this is more than just a political action, this acts represent the urge for tolerance and the need for respect.
One of the features of the Australian constitution is that is it structured in a way that in theory reflects the rule of law. This doctrine, the separation of powers, doctrine is assumed to be a fair structure of government as its principles suggest that power does not lie with one branch, but is spread out amongst the three (legislative, executive and judicial.
Jali, N.H.M., M. Redzuan, A.A. Saman, and I.H.M. Rashid. 2010. Malaysian Studies: Nationhood and Citizenship. Petaling Jaya: Prentice Hall.
If we consider freedom of speech s a practice rather than as an abstract set of legan right or an iscribed condition or achievement,it