What is the Constitution? How does it work?

What is the Constitution? How does it work? Why is it important for you to know about it? First, we need to understand what a constitution is. Consider three documents: Your birth certificate explains your identity. You play a football game by obeying football rules, not hockey rules. When you buy a car, you get a 'manual' - a reference book. If something goes wrong with the car, it tells you how can solve the problem. A written constitution is like these three documents, and more. What is a ‘State’, A constitution refers to several ‘players’: the State, the citizens, the 3 organs of government, and legal structures. In constitutional law, a ‘state’ means a ‘nation’. What are the ‘three Organs’ of a state? The three organs of a ‘state’ are a Legislature (‘Parliament’), the Judiciary–judges and courts; and the ‘Executive’. Sometimes the Executive is mistakenly referred to as ‘the Government’. How does the Constitution work with the Organs of government? We use a biological analogy: your body represents your country. The brain represents Parliament, and the limbs, the Government. What the brain tells the (organs) to do, the limbs must do. A constitution instructs how the 3 organs, Parliament, the Judiciary - and Government - should work together. Is a Government superior to Parliament or the Judiciary? The Legislature or Parliament In a democracy, the citizens rule. They elect representatives (MPs). The ‘MPs’ sit in Parliament. So Parliament is the representative of the people. Parliament makes laws to help and protect the people and the nation. Parliament has a higher rank than the Executive (or ‘Government’). What is the Government? The Government is called the ‘Executive’ because the Government carries out– or ‘executes’– the will of Parliament. It takes care of the day-to-day running of the country. If it wants to spend money, it has to ask Parliament for permission. That permission is ‘the Budget’. If Parliament, does not approve the Budget, the government must resign. Is the Government more powerful than Parliament? The Government is always subordinate to Parliament. Parliament serves the people. Although most government leaders forget this, in constitutional law, a democratically elected government is the people’s servant. Parliament represents the owner of a home. The government is the homeowner’s servant. The servant must do what the master asks him (or her) to do: this is because the citizens have elected Parliament. Thus, the people control the nation, not the government. Should the government controls Parliament? Can the servant control his master? Sadly, in recent decades, this has happened. That is not the correct way to practice democracy or the Rule of Law. The Judiciary and the Judges The Judiciary interprets the Federal Constitution and laws made by Parliament. Suppose Parliament goes against the Constitution. A citizen complains to the Judiciary. It is at that point that the Judiciary will rule whether Parliament has passed a law that is ‘unconstitutional’. If so, the courts will strike down such a law. Which is superior? The Constitution or the Parliament? Purists will argue that this is the right question asked in the wrong way. Based on hierarchy, Parliament occupies a lower rung than the Federal Constitution. Both Parliament and the Judiciary are the offspring of the Constitution. Again, the Judiciary is, although a creature of the Federal Constitution, but it is, by rank, independent of, and occupies a slightly higher rung than Parliament. English-trained lawyers often argue that ‘Parliament is supreme’. This ‘Supremacy of Parliament argument’ does not apply in Malaysia, the U.S., Australia, Singapore or all the nations which have a written constitution. In Malaysia, the written Constitution is the supreme law. No other law, save the Universal Declaration of Human Rights, is higher. The highest power in the land is the Constitution. So what? The Constitution explains how the 3 organs must work together. In a democracy, the 3 organs work completely independently of each other: but the Constitution requires them to work together harmoniously. In this way, they do not overpower each other, there is a ‘check and balance’ in the way they each operate. A constitution is there to protect your rights. It protects you from three state organs (Parliament, Judiciary, and Government) from taking away your rights. It is therefore important that you understand what rights you have. Item Title: Quiet Dramatic Atmosphere Item URL: https://elements.envato.com/quiet-dramatic-atmosphere-SBPXYYJ Item ID: SBPXYYJ Author Username: cleanmindsounds Licensee: bmanyos bmanyos Registered Project Name: S_V License Date: March 31st, 2023 Item License Code: D8XYZ37PHG