Watanic jurisprudence: Governing principles in legislative powers under the federal constitution
Before 1948, all legislative powers were vested in Malay rulers in their respective states. The Malay Rulers were the makers of the Federal Constitution through a constitutional development process, even though many parties drafted it. This paper applies the legal methodology of watanic jurisprudenc...
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| Format: | Article |
| Language: | English |
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Parliament of Malaysia
2022
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| Online Access: | http://umpir.ump.edu.my/id/eprint/34831/ http://umpir.ump.edu.my/id/eprint/34831/1/Jurnal%20Parlimen%3B%20Watanic%20Jurisprudence%20Vol%202%2C%202022.pdf |
| _version_ | 1848824613171101696 |
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| author | Wan Ahmad Fauzi, Wan Husain |
| author_facet | Wan Ahmad Fauzi, Wan Husain |
| author_sort | Wan Ahmad Fauzi, Wan Husain |
| building | UMP Institutional Repository |
| collection | Online Access |
| description | Before 1948, all legislative powers were vested in Malay rulers in their respective states. The Malay Rulers were the makers of the Federal Constitution through a constitutional development process, even though many parties drafted it. This paper applies the legal methodology of watanic jurisprudence. The position of Malay rulers is essential because they were sovereign authorities that legitimized the Federation of Malaya Agreement, 1948, the Federation of Malaya Agreement, 1957, and the Federal Constitution of Malaya, 1957. Previous research on this subject had ignored the principle of sovereignty as stipulated in Article 181(1) when discussing the issue of legislative powers. As a result, many parties viewed parliamentary democracy as the Malaysian principle of sovereignty. Hence, this paper intends to explain the influence of Islam and Malay customs as the governing principles of legislative powers under the Federal Constitution. This paper is important because members of the legislative, executive, and judiciary take the oath under the Sixth Schedule before discharging their respective constitutional responsibilities. This paper would assist in understanding the essence of the oath under the Sixth Schedule vis-à-vis the duty to uphold the rule of law and the supremacy of our Constitution. |
| first_indexed | 2025-11-15T03:15:49Z |
| format | Article |
| id | ump-34831 |
| institution | Universiti Malaysia Pahang |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T03:15:49Z |
| publishDate | 2022 |
| publisher | Parliament of Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | ump-348312022-08-03T08:28:38Z http://umpir.ump.edu.my/id/eprint/34831/ Watanic jurisprudence: Governing principles in legislative powers under the federal constitution Wan Ahmad Fauzi, Wan Husain DS Asia Before 1948, all legislative powers were vested in Malay rulers in their respective states. The Malay Rulers were the makers of the Federal Constitution through a constitutional development process, even though many parties drafted it. This paper applies the legal methodology of watanic jurisprudence. The position of Malay rulers is essential because they were sovereign authorities that legitimized the Federation of Malaya Agreement, 1948, the Federation of Malaya Agreement, 1957, and the Federal Constitution of Malaya, 1957. Previous research on this subject had ignored the principle of sovereignty as stipulated in Article 181(1) when discussing the issue of legislative powers. As a result, many parties viewed parliamentary democracy as the Malaysian principle of sovereignty. Hence, this paper intends to explain the influence of Islam and Malay customs as the governing principles of legislative powers under the Federal Constitution. This paper is important because members of the legislative, executive, and judiciary take the oath under the Sixth Schedule before discharging their respective constitutional responsibilities. This paper would assist in understanding the essence of the oath under the Sixth Schedule vis-à-vis the duty to uphold the rule of law and the supremacy of our Constitution. Parliament of Malaysia 2022 Article PeerReviewed pdf en cc_by_nc_nd_4 http://umpir.ump.edu.my/id/eprint/34831/1/Jurnal%20Parlimen%3B%20Watanic%20Jurisprudence%20Vol%202%2C%202022.pdf Wan Ahmad Fauzi, Wan Husain (2022) Watanic jurisprudence: Governing principles in legislative powers under the federal constitution. Journal of the Malaysian Parliament, 2. pp. 128-148. ISSN 2773-4900. (Published) https://journalmp.parlimen.gov.my/jurnal/index.php/jmp/article/view/54 |
| spellingShingle | DS Asia Wan Ahmad Fauzi, Wan Husain Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title | Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title_full | Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title_fullStr | Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title_full_unstemmed | Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title_short | Watanic jurisprudence: Governing principles in legislative powers under the federal constitution |
| title_sort | watanic jurisprudence: governing principles in legislative powers under the federal constitution |
| topic | DS Asia |
| url | http://umpir.ump.edu.my/id/eprint/34831/ http://umpir.ump.edu.my/id/eprint/34831/ http://umpir.ump.edu.my/id/eprint/34831/1/Jurnal%20Parlimen%3B%20Watanic%20Jurisprudence%20Vol%202%2C%202022.pdf |