Abstract:
This study examines institutions essential in a federal system which have
been established by the Federal Constitution of Malaysia with a view to determine to
what extent the institutions fulfil the underlying values of the Constitution and
federalism. It also seeks to establish their constitutional relations with the traditional
institutions of the Malay Rulers, who are closely associated with Islamic religious
authority in the States. Special reference is made on the constitutional division of
Islamic religious power between the federal government and the state government.
This thesis seeks to establish that the traditional institutions, namely the Malay Rulers of the States, the Yang di-Pertuan Agong (the Supreme Head of the
Federation), and the Conference of Rulers, have quite a significant role in Malaysian
federalism. The Federal Constitution vests overwhelming power in the Federal
authorities and there is a lack of constitutional safeguards for the States. This study
argues that the constitutional functions and position of the traditional Malay Rulers
would be more pronounced in fulfilling their role as the protector of the state rights if a
wide concept of prerogative, which is submitted in the thesis, is adopted. The
concept of prerogative argued in this thesis would fill in the gap by providing
arguments to support a legal framework that would lead to a more definitive concept
of prerogative in the country.
The centralising phenomenon of Malaysian federalism runs parallel with the
erosion of power of some of the foundations of the Malaysian federal system that is
the state and the Malay Rulers. This hypothesis is supported by a detailed
examination of the proposed integration and standardization of the state religious
administration, and the proposals for the harmonization of religious laws of the
states.
