DISCUSS FUNDAMENTAL LIBERTIES AS GUARANTEED BY THE FEDERAL CONSTITUTION.

QUESTION: DISCUSS FUNDAMENTAL LIBERTIES AS GUARANTEED BY THE FEDERAL CONSTITUTION.

It is name given to the freedoms that completely protect the individual from government. Fundamental liberties set limits for government so that it cannot abuse its power and interfere with the lives of its lives of citizens.

The Fundamental rights of a person are guaranteed by the Constitution. Since the Fundamental rights are written in the Federal Constitution, it cannot altered in ordinary way but requires two third majoriy of the total number of the Legislature. The Fundamental right of a person is not guaranteed by ordinary law, but  by the part II of the Federal Constitution. Some of the liberties are absolute, while others are subject to the qualification which makes them more illusionary than real. Fundamental liberties are those freedoms which are, or should be, guaranteed to persons to protect an area of non interferefrom others, particularly power holder and legal authorities.

The acts that impose restrictions on fundamental liberties are the Internal Security Act 1960, the Universities & Universities Colleges Act 1971, the Police Act 1967, the Presses and Printing Act, the Official Secret Act 1957, and other acts.

The first article that states the right of the fundamental liberties is Article 5 of the Federal Constitution regarding the liberty of the person.

Clause (1) of Article 5 stated that no person shall deprived of his life & personal liberty saves in accordance with law.

Clause (2) stated that when a person is arrested, he shall be informed on the ground on his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

Clause (3) stated that when a person is arrested and not released, he shall be without unreasonable delay, in any case within 24 hours (excluding the time for any  necessary journey) being produced before the magistrate authority. As in case Lee Mau Seng v Minister for Home Affair, it was held the person who is arrested must give his Constitutional right of being represented and the right must be granted to him within a reasonable time.

Article 6 of the Federal Constitution provides that slavery and forced labour are prohibited. In this article , it was stated that no person shall be held in slavery and all forms of forced labour are prohibited, but the parliament may by law provides for a public service for national purposes.

Article 7 of the Federal Constitution provides is protection against retrospective effects of criminal law and repeated trials. Clause (1) of the article stated that no person shall be punished for any act or offences which are not punishable at the time it was done or made and there shall be no person who will get greater punishment other that what is prescribed in the law at the time the offences was committed. The Article also stated that no person shall be tried for the second time with same offences except the first trial has been quashed and there is an order from court for a retrial.

 As in case Zakaria v Ketua Polis Negara, it was held that even though the offender has been charge for two disciplinary proceedings in different provision, it was still under the same conduct which makes the offender is charge under double jeopardy.

The Article 8 of the Federal Constitution discuss about equality. It was stated that all person are equal before the law. Everybody must be granted with their rights to be treated fairly by the law. As in case Rethana v Government Malaysia, it was held that Rethana suing the SUSCO cannot sue their employers  if any accident happens in their field of work.

Article 9 of the Federal Constitution discuss about the Prohibition from banishment and freedom of movement. In this article it was stated that no one shall be banished from the federation except for any law relating to the security of the federation, public order, public health or criminal offences. Every person also have the right to move freely throughout the federation and can resided in any part of the federation except for any law relating to the security of the federation, public order, public health and criminal offences. As in case Assa Singh v Menteri Besar Johor, it was held that no person shall be banished from the federation because of any other interest except from what had stated above.

Article 10 of the Federal Constitution provides on the Freedom of Speech, Assembly and Association. It provides that every person has their own right to speech and expressed their opinion and has peaceful assemblies and associations. The speech, assembly and associations must be safe and are held without any weapons. However the freedom of speech is restricted to the speech which might be sensitive to the public interest. As in case Mahdevan v Public Prosecutor, the licence for the public meeting to discuss the result of M.C.E Examination and the status of Bahasa Melayu as the national language have been pulled back, the party appealed and saying that it has contravened their right of freedom of speech, it was held that the condition on the license of public meeting was not contravened of Article 10.

Article 11 of the Federal Constitutions stated about the freedom of Religion. In the Article 11 Clause (1), it was stated that every person can profess and practice their own religion, subject to Clause (4) to propagate it. Clause (2) stated that no person shall be compelled to pay money, which the money are fully or only part of it will be used for religions purposes other than your own religion. Article 10 also stated that every religious group has the right to establish & maintain institution for their children for the purposes of religion or charitable purpose. As in case Dalip Kaur v Pegawai Polis Daerah Bukit Mertajam, it was held that a Sikh man is dead and the question before the court whether the deceased is still Muslim when he died? His relatives claim that he had prayed at the Sikh temple and continue to eat pork. But he has registered his name as Muslim and he was engaged to marry a Muslim girl then the court held that he remains a Muslim.

Article 12 of Federal Constitution stated every person can have their own freedom for basic education. Every person in the country has their right to get the basic education. Event in the Article 11 of the Federal Constitution stated that every religious group has their right to establish and maintain an institution for their children for the purpose of education. As in case Jakob Renner v Scott King, the Chairman of the Board of Directors of International School of Kuala Lumpur, plaintiff was expected to be transferred to the Ampang Campus to continue his study in middle school, however his entry to the school board being rejected and plaintiff filled an application to sue the defendant and his servant from hindering, precluding and preventing to get his education in the middle school.

Article 13 of Federal Constitution stated that every person has the right to own a property and if the property is taken from the owner, the owner must be compensated with a suitable amount of compensation. As in case Adong Kuwau v Kerajaan Negeri Johor, it was held that the plaintiff must be compensated with a suitable amount of compensation because the land of his aborigin and ancestral is taken from him.

In a conclusion, the rights of liberty under Federal Constitution are guaranteed. Some of the right is absolute and some have limitation. The right cannot be interfere even by power holders.