Fundamental Liberties in Federal Constitution
INTRODUCTION:
Fundamental liberties in Malaysia can best being referred to our own Federal Constitution (FC). It is fall into part II of the Federal Constitution. It basically refers to Malaysian liberties throughout their lives living in Malaysia. There are 9 articles regarding the fundamental in the Federal Constitution starting from articles 5 to 13. The United Nations Universal Declaration of Human Rights also recognised fundamental liberties as it stated that,all human beings are born free and equal in dignity and rights. Everyone is endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
POINTS:
Article 5 is liberty of the person. This article stated that no person can be deprived of their personal liberty with accordance to the law (Clause 1). Also, it stated that a person who is unlawfully detained may be released by the High Court which is the right of habeas corpus (Clause 2). In Clause 3, it stated that a person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice. In Clause 4, stated that an individual cannot be arrest for more than 24 hours without magistrate permission. Government is entitled to stop or prevent individual from leaving or visiting country for various reasons. Examples are political boycott, threat of war, and pending criminal charges. Besides that, under Internal Security Act, detention without trial, it is exempted from complying with Article 5.
Article 6, slavery and forced labour prohibited, provided that nobody can be held in slavery. All forms of forced labour are prohibited, but federal law, may provide compulsory service for country. It is stated that to serve a sentence in the prison imposed by court of law is not consider as forced labour. Restraints for this under article is also, such as compulsory service for national purposes, The National Service Program
In Article 7 its states protection against retrospective
Fundamental liberties in Malaysia can best being referred to our own Federal Constitution (FC). It is fall into part II of the Federal Constitution. It basically refers to Malaysian liberties throughout their lives living in Malaysia. There are 9 articles regarding the fundamental in the Federal Constitution starting from articles 5 to 13. The United Nations Universal Declaration of Human Rights also recognised fundamental liberties as it stated that,all human beings are born free and equal in dignity and rights. Everyone is endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
POINTS:
Article 5 is liberty of the person. This article stated that no person can be deprived of their personal liberty with accordance to the law (Clause 1). Also, it stated that a person who is unlawfully detained may be released by the High Court which is the right of habeas corpus (Clause 2). In Clause 3, it stated that a person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice. In Clause 4, stated that an individual cannot be arrest for more than 24 hours without magistrate permission. Government is entitled to stop or prevent individual from leaving or visiting country for various reasons. Examples are political boycott, threat of war, and pending criminal charges. Besides that, under Internal Security Act, detention without trial, it is exempted from complying with Article 5.
Article 6, slavery and forced labour prohibited, provided that nobody can be held in slavery. All forms of forced labour are prohibited, but federal law, may provide compulsory service for country. It is stated that to serve a sentence in the prison imposed by court of law is not consider as forced labour. Restraints for this under article is also, such as compulsory service for national purposes, The National Service Program
In Article 7 its states protection against retrospective