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(詳細はMalaysia.〔See Article 4(1) of the Constitution which states that "The Constitution is the supreme law of the Federation and any law which is passed after Merdeka Day (31 August 1957) which is inconsistent with the Constitution shall to the extent of the inconsistency be void."〕 The Federation was initially called the Federation of Malaya (in Malay, ''Persekutuan Tanah Melayu'') and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore (now independent) together formed the Federation.〔See Article 1(1) of the Constitution which originally read "The Federation shall be known by the name of Persekutuan Tanah Melayu (in English the Federation of Malaya)," and this was amended in 1963 when the Federation of Malaya together with Sabah, Sarawak and Singapore together as equal partner formed a new Federation "The Federation shall be known, in Malay and in English, by the name Malaysia."〕 The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial.〔See Article 32(1) of the Constitution which provides that "There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong..." and Article 40 which provides that in the exercise of his functions under the Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or an authorised minister except as otherwise provide in certain limited circumstances, such as the appointment of the Prime Minister and the withholding of consent to a request to dissolve Parliament.〕 It provides for the establishment and the organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives (in Malay, ''Dewan Rakyat'') and the Senate (''Dewan Negara''); the executive branch led by the Prime Minister and his Cabinet Ministers; and the judicial branch headed by the Federal Court.〔These are provided for in various parts of the Constitution: For the establishment of the legislative branch see Part IV Chapter 4 – Federal Legislature, for the executive branch see Part IV Chapter 3 – The Executive and for the judicial branch see Part IX.〕 The document also defines the rights and responsibilities of the federal government, the member states of the federation and the citizens and their relations to each other. ==History== (詳細はFederation of Malaya, consisting of four representatives of the Rulers, the Chief Minister of the Federation (Tunku Abdul Rahman) and three other ministers, and also by the British High Commissioner in Malaya and his advisers.〔See paragraph 3 of the Report by the Federation of Malaya Constitutional Conference〕 Reid Commission: The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya.〔See paragraphs 74 and 75 of the report by the Federation of Malaya Constitutional Conference〕 This proposal was accepted by Queen Elizabeth II and the Malay Rulers. Accordingly, pursuant to such agreement, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by Lord (William) Reid, a distinguished Lord-of-Appeal-in-Ordinary, was appointed to make recommendations for a suitable constitution. The report of the Commission was completed on 11 February 1957. The report was then examined by a working party appointed by the British Government, the Conference of Rulers and the Government of the Federation of Malaya and the Federal Constitution was enacted on the basis of its recommendations.〔Wu Min Aun (2005).The Malaysian Legal System, 3rd Ed., pp. 47 and 48.: Pearson Malaysia Sdn Bhd. ISBN 978-983-74-3656-5.〕 Constitution: The Constitution came into force on 27 August 1957 but formal independence was only achieved on 31 August.〔The constitutional machinery devised to bring the new constitution into force consisted of: * In the United Kingdom, the Federation of Malaya Independence Act 1957, together with the Orders in Council made under it. * The Federation of Malaya Agreement 1957, made on 5 August 1957 between the British Monarch and the Rulers of the Malay States. * In the Federation, the Federal Constitution Ordinance 1957, passed on 27 August 1957 by the Federal Legislative Council of the Federation of Malaya formed under the Federation of Malaya Agreement 1948. * In each of the Malay states, State Enactments, and in Malacca and Penang, resolutions of the State Legislatures, approving and giving force of law to the federal constitution.〕 This constitution was amended in 1963 to admit Sabah, Sarawak and Singapore as additional member states of the Federation and to make the agreed changes to the constitution that were set out in the Malaysia Agreement, which included changing the name of the Federation to "Malaysia". Thus, legally speaking, the establishment of Malaysia did not create a new nation as such but was simply the addition of new member states to the Federation created by the 1957 constitution, with a change of name.〔See for example Professor A. Harding who wrote that "...Malaysia came into being on 16 September 1963...not by a new Federal Constitution, but simply by the admission of new States to the existing but renamed Federation under Article 1 of the Constitution..." See Harding (2012).The Constitution of Malaysia – A Contextual Analysis, p. 146: Hart Publishing. ISBN 978-1-84113-971-5. See also JC Fong (2008), Constitutional Federalism in Malaysia, p. 2: "Upon the formation of the new Federation on September 16, 1963, the permanent representative of Malaya notified the United Nation's Secretary-General of the Federation of Malaya's change of name to Malaysia. On the same day, the permanent representative issued a statement to the 18th Session of the 1283 Meeting of the UN General Assembly, stating, inter alia, that "constitutionally, the Federation of Malaya, established in 1957 and admitted to membership of this Organisation the same year, and Malaysia are one and the same international person. What has happened is that, by constitutional process, the Federation has been enlarged by the addition of three more States, as permitted and provided for in Article 2 of the Federation of Malaya Constitution and that the name 'Federation of Malaya' has been changed to "Malaysia"". The constitutional position therefore, is that no new state has come into being but that the same State has continued in an enlarged form known as Malaysia so."〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Constitution of Malaysia」の詳細全文を読む スポンサード リンク
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