Leaders, voters need to understand ‘document of destiny’ to resolve many thorny issues confronting us today.
THERE has been a lot of talk of late about the Federal Constitution, particularly surrounding the Emergency Ordinances and role of the Agong. Malaysians have seen opinions, analyses and reactions from lawyers and academics attempting to distil complex legal knowledge into digestible information.
People are also taking a keener interest in the supreme law of the land, attempting to learn more about the document that binds our fates together as Malaysians. To see such fervent constitutional patriotism is heartening, particularly in times of confusion, chaos and uncertainty.
Constitutional literacy is the key to an empowered citizenry: an understanding, however basic, of how this document champions a peaceful, democratic and plural society will give the average Malaysian a better grasp of just what make this nation so unique despite the challenges and stumbling blocks we face in our shared journey.
Familiarising oneself with the constitution does not have to be an arduous ordeal: there are numerous books, public lectures and even experts out there – all accessible, all devoted to the parsing of this supreme statute.
One such text is Multiculturalism and National Building in a Plural and ‘Divided Society’, the latest publication from Professor Datuk Dr Shad Saleem Faruqi, a well-known name in public law circles. This monograph takes on not just the history of the Constitution at its drafting process, but also looks at safeguards for minorities, the short-changing of Sabah and Sarawak, the thorny debate surrounding Islamisation, and the decline of moderate values. Shad underscores and explains the importance of strengthening our social fabric and dismantling ethnic walls using the language of healing and reconciliation.
Recognising diversity as an asset, acknowledging the mingling of our cultures and “dazzling diversity”, embracing every individual Malaysian’s multiple identities and reconciling racial and religious conflicts are all principles that Shad puts forth, simultaneously pointing at clauses in law that uphold the same.
Another valuable text for those interested in learning more about law and policy in both Malaysia and the region is Constitutional Statecraft in Asian Courts by Professor Dr Yvonne Tew. This book pays close focus to religion in the state and state emergency and security powers in both Malaysia and Singapore, examining these from a human rights standpoint. Tew looks at how our courts can protect the Constitution against the background of a fraught political landscape, and provides a regional analysis of Southeast Asia’s colonial legal legacies.
A third book that proves a valuable resource is The Constitution of Malaysia: A Contextual Analysis by Professor Andrew Harding. This is a basic guide to our “document of destiny”, looking at the Malaysian approach to constitutional governance while not shying away from analysing difficult topics, such as sectarian strife and the violence of 13 May 1969 and the role such incidents play in Malaysian history.
In just a few weeks, it will be the 64th anniversary of our constitution. It is a shame, then, to see the nation’s fundamental law being disrespected or disregarded, its gilt-edged promise tarnished from being bandied about as a political football. As the nation fights the Covid-19 pandemic, a flagging economy, uncertainty and our own individual battles, it is important to envision a better future – one where we, as Shad said, are able to “embark on a journey of renewal on the Constitution’s forgotten path of moderation, compassion and compromise”.
