Raja-raja dalam penginstitusian Perlembagaan Persekutuan Tanah Melayu 1957: satu kajian sejarah perundangan

Abstract

This Article explores the involvement of the Malay Rulers in institutionalizing the Constitution of the Federation of Malaya 1957. It aims to examine the validity of the popular statement that claims the Federal Constitution is the end-result of a social contract negotiated among the multi-ethnic society championed by the elite nationalists in Malaya. It further examines the allegation that the sovereignty of the Malay Rulers and the power of the state governments had been retained by the British due to the demand fought by the above group. This qualitative research uses primary sources collected from the historical records and presented in legal history design. The findings show that the Malay Rulers are the supreme authority in institutionalizing the Constitution of the Federation of Malaya 1957 upon consultation with the Constitution Working Committee for the establishment of a single independent self-governing unit for a Federation. It concludes that the legitimacy of the Constitution of the Federation of Malaya 1957 originates from the sovereignty of the Malaccan Sultanate, its local conditions have been entrenced in the fundamental provisions of the said Constituton, and they are stil preserved to date.