Constitution of Sabah

The Constitution of the State of Sabah is a supreme law enacted for the state of Sabah.[1] Coming into effect upon independence within Malaysia in 1963, it is further detailed in 6 Parts, 58 Articles and two Schedules.

Provisions

Article 27 stipulates that any laws that passed either on or after Malaysia Day that is inconsistent with the Constitution will be rendered void. Thus, this makes the State Constitution is a supreme law for Sabah other than the Federal Constitution of Malaysia.[2]

Constitutional amendment

Under Article 43, the Constitution may be amended only by passing an Enactment by the Sabah State Legislative Assembly and shall not be amended by any other methods possible. To amend the Constitution, the Bill must be passed with two-thirds majority after second and third readings.

Several amendments has been made to the Constitution including upholding Islam as the State official religion in 1973[3] and party hopping ban in 2023.[4]

Composition

The Constitution consists of:

Part I - The State Government

This Part consisting 12 Articles prescribed the role of the State Government as a part of executive branch of Sabah.[5]

Chapter 1 - The Head of State

Chapter 2- The Executive

Chapter 3 - Capacity as respects property, contracts and suits

Part II - The Legislature

This Part consisting 15 Articles prescribed the role of the Sabah State Legislative Assembly as a part of legislative branch of Sabah.

Part III - Financial Provisions

This Part consisting 8 Articles prescribed financial affairs and economic matters of Sabah.

Part IV - The Public Service

This Part consisting 5 Articles prescribed public service affairs such as the establishment of Public Service Commission.

Part V - General Provisions

This Part consisting 7 Articles prescribed state identity and other matters related to the State.

Part VI - Transitional Provisions

This Part consisting 11 Articles prescribed all matters of the State prior the formation of Malaysia and relations within the United Kingdom as a Crown Colony.

References

  1. ^ "The Constitution of the State of Sabah" (PDF).
  2. ^ Bernama (2023-01-07). "Patuhi undang-undang, perlembagaan Sabah tentukan Ketua Menteri, Kerajaan Negeri". MalaysiaGazette. Retrieved 2023-09-11.
  3. ^ Mohd Nur Hidayat Hasbollah Hajimin; Pg Mohd Faezulfikri AG Omar; Noor Afiqah Athirah Hajimin (April 2020). "Tun Mustapha dan Pengukuhan Islam di Sabah: 1963 – 1973" (PDF).
  4. ^ Izwan Abdullah (2023-05-25). "Sabah lulus RUU larang ADUN tukar parti". Berita Harian.
  5. ^ "Undang-undang beri hak Hajiji kekal sebagai Ketua Menteri Sabah". Majoriti.com.my (in Malay). 2023-01-07. Retrieved 2023-09-11.