Supremacy of the Constitution binds Malaysians in unity

By Anis Nabilla Md Wazilah

KUALA LUMPUR, July 1  -- The issue of unity, especially in relation to race, religion, and culture, is an evergreen topic that is often the subject of discussion of people in this multi-racial, multi-religious and multi-cultural country.

Undeniably, sometimes there exists social tension in certain matters pertaining to the rights and demands of certain ethnic groups but peace and harmony are still well maintained by way of the Federal Constitution - the supreme law and guiding principle that binds the people in unity.

According to a lecturer of Law and the Constitution of the International Islamic University Malaysia (IIUM), Associate Professor Dr Khairil Azmin Mokhtar, the superiority and nobility of the Federal Constitution as the highest legislation has made Supremacy of the Constitution, which is one of the five principles of Rukun Negara, as a unifying agent for the multi-racial society in this country.

He said Article 8 in the Federal Constitution guarantees equal rights for all which is important to prevent discrimination against citizens on the grounds of religion, race, descent, place of birth, or gender.

“This (Article 8) ensures that all persons are equal before the law. Therefore, no one can claim that he is above the law or that only a particular race or party is protected by law.

“If this third principle is understood, accepted, and obeyed, it will lead to stronger unification of society. So, the Supremacy of the Constitution must be upheld at all times,” he told Bernama ahead of the July 9 celebration of the 50th anniversary of Rukun Negara in conjunction with the Merdeka Month and National Day 2020. 

The Rukun Negara, which was launched on Aug 31, 1970, following the May 13 riots, has five principles, namely Belief in God, Loyalty to the King and Country, Supremacy of the Constitution, Rules of Law, and Courtesy and Morality.

Elaborating, Dr Khairil Azmin said every Malaysian should respect, appreciate, and understand the meaning, content, and history of the Federal Constitution in order to prevent them from becoming disorganised and losing their way.

“The Constitution contains the principles of agreement and understanding among the people of various races living in this country. Apart from recognising the rights of all persons, it also provides special privileges to the Malays and Bumiputeras, Bahasa Melayu, Islam, and the Malay Rulers,” he said, adding that any action planned with complete disregard of the Federal Constitution will not be allowed as it is against the law.

According to Khairil Azmin, much can be learned from the incident on May 13, 1969, especially to further strengthen the unity of the multiracial society in the country so as to maintain peace and prosperity enjoyed today. However, he stressed that the rights and freedoms provided in the Constitution should have a limit, especially in the freedom of speech.

“When used to deny the rights of others, to make baseless allegations and create problems that cause racial tension and disharmony, this shows that the freedom has been abused,” he said.

He explained that setting a limit to such freedom does not mean that democratic liberties are being restricted, but rather being preserved.

“The United States which has the oldest legislation in the democracy system also failed to prevent racial violence and discrimination.

“Although Malaysia’s Constitution is way younger than that of the United States, we have have not seen such racial violence because of our efforts to uphold, respect, and appreciate the supreme law of our country,” he said.

Meanwhile, Universiti Teknologi Malaysia (UTM) Law and Constitution research fellow Dr Muhammad Fathi Yusof said the May 13 riots in 1969, which led to the introduction of Rukun Negara, should be clearly explained to the people especially to the younger generation so that such incident will not recur.

He said although it was a sensitive matter to discuss, all parties should be honest in explaining what happened.

“We need to tell the story without being biased or unfair to any quarters, but more on reminding the people of the risks and causes of the incident so that it does not happen again.

“Therefore, the Supremacy of the Constitution should be observed beyond the written words in the Constitution,” he said.

In fact, he said all quarters need to look back on history, especially on how this country was formed through a social contract or understanding between the various races or groups in society.

-- BERNAMA