The people of Sarawak wanted to maintain greater independence and control over the matters and resources in their state and safeguard their way of life both culturally and religiously. In addition, Sarawak is rich in natural resources such as forests, rivers, and petroleum. 4 The reasoning behind this condition was that Sarawak is home to an ethnically, culturally, and linguistically diverse group of people. This special position and privileges were guaranteed in the Malaysia Agreement signed in 1963 as a condition for Sarawak to join the Federation of Malaya to form Malaysia. Malaysia practices the concept of constitutional supremacy, where the Federal Constitution (“ FC”) of Malaysia is the supreme law of the land 3, setting out, inter alia, the relationships between federation and its constituent states and between the judiciary (the courts), legislature (the Parliament) and the executive (the Federal Government).Ĭemented in the FC, Sarawak has a special position and enjoys certain privileges. To fully comprehend the underlying legal processes and the policies from which they derive, it is necessary to understand the basics of the overarching legal system of Malaysia. Hence, this paper aims to discuss on the constitutional and legal framework of Sarawak, Malaysia.
However, these investors may not be aware that the constitutional and legal framework in Sarawak differ from the framework in Peninsular Malaysia. 2 Consequently, it would attract more foreign investors to invest heavily in the various economic sectors in Sarawak. 1 Sarawak was announced the number one hub for foreign direct investment (“ FDI”) in Malaysia having received RM15.8 billion in foreign direct investment in 2020. From a foreign investors’ perspective, Sarawak is a goldmine brimming with economical potential. Sarawak or better known as the ‘The Land of the Hornbills’ is one of the jewels of Southeast Asia, known for its beautiful cities, multicultural ethnic population and its vast rainforests which makes it a popular tourist destination in Malaysia.
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