Unconspicuously, they will express their feeling and thinking with the most comfortable language. As impact, the Malaysian English was the most well-known language that using by resident. Malaysia’s nationalist language policy of 1960s and after impeded the further expansion and development of English in the country; nevertheless, it is shown that Malaysian English has progressed deeply into the third phase of “nativization”, being widely spoken in
Article 19 (1)(a) further announces: "All citizens shall have the right to freedom of speech and expression." Freedom of speech and expression is not only the hallmark of a democracy, it is its very life blood. Innumerable treatises and pamphlets have been written in its praise and defense; many battles have been fought, claiming it as an inalienable human right. Its hymns have been composed by political thinkers from Thomas Jefferson to John Stuart Mill, from Thomas Paine to the Constituent Assembly in India. It is a cherished right of the people, and it is for the people.
Such provision is not provided neither in the South African nor in the Indian constitution. This is a nondiscrimination clause, the components of which are very important to the full recognition and exercise of freedom of religion. The Kenyan constitution also states that “a person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion” . This is not mentioned in the other constitutions. However, it is very important to include this in a constitution provision to guarantee freedom of religion.
Article 8 of the Federal Constitution also affirms this right as stated in Article 8(1) all persons are equal before the law. In other words, no one citizen is above the law and this well applies to the rights enjoyed by citizens of Malaysia. Article 8(2) also advocates against the discrimination of citizens on the ground only of religion, race, descent, place of birth or gender in any law. The Orang Asli Community is entitled to the right to education without any form of discrimination pertaining to their religious belief or origin. Hence, it is clear that the indigenous people is entitled to equal rights to education as enjoyed by the citizens of Malaysia under the federal constitution.
As Malaysian citizens, besides having the right to say and express whatever we want, we also have the right to assemble peaceably and we also have the right to form associations however it also being stated in Article 10 (2) (a) (b) (c) that the parliament has the right to impose restrictions on these rights. It is true that Malaysians get to enjoy the freedom of speech and expression as stated in the Federal Constitution but this freedom is restricted and these restrictions are the exception, permitted only to protect: the rights or reputations of others, national security, public order, public health and morals. This simply means that as Malaysian citizens, we do have the right to say and express whatever we want as long as it does not break the rules or regulations
Several significant legislations such as the regular use of Emergency powers under Article 150 of the Constitution and the Internal Security Act 1960 has led to the destruction of civil liberties and suppression of public debates on major social issues. These laws bring a closer examination to a better understanding of its impact on the constitutional government in Malaysia. In 1988, a full bench of five in the Supreme Court (a Federal Court then) had occasion to consider Article 3 for the sentence of mandatory death for drug trafficking and possession of firearms. It was contended on behalf of the accused that the religion of the federation which is Islam, as declared in the Federal Constitution,
Question 1 Laws in Malaysia are categorized into written and unwritten laws. What do written and unwritten laws mean? The laws of Malaysia are divided into two types of laws, which are written and unwritten laws. Whereby, written law refers to a formal documents which has been approved by an authorized person or appointed organization. In Malaysia, the written law consists of the Federal Constitution and State Constitution, which all the major and minor rules are approved by Parliament and State Legislative Assemblies (Hamzah, W. A., 2009).
2. Constitutional Guarantee as to Freedom of Speech/Expression i. The Constitution of Pakistan upholds the fundamentals for a vibrant democracy and guarantees freedom of expression and the basic premise for media freedom. It is pleasantly surprising that the Constitution of Pakistan also provides Freedom of Speech/Expression under Article 19 as provided in the UDHR under its Article 19 which reads as follows: “Article: 19 Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.” “ [Article: 19-A.
Flexibility of Expression is at the heart of numerous worldwide discussions and difficulties. The right to speak freely intends to express ones conclusion without punishment or limitation. The article 19 of constitution of Pakistan provides the ability to the native as ,' Every native should have the privilege to the right to speak freely and expression, and there might be opportunity of the press, subject to any sensible limitations forced by law in light of a legitimate concern for the transcendence of Islam or the trustworthiness." The right to speak freely or expression is perceived as a human directly under article 19 of the Universal Declaration of Human Rights and perceived in worldwide human rights law. The right to speak freely is