The Existence and Responsibilities of The Malaysian Armed Forces Council: A Constitutionalism Perspective

This research paper analyses the existence and responsibilities of the Malaysian Armed Forces Council (AFC) through the lens of constitutionalism. Article 137 of the Federal Constitution stipulates that the administration of the Malaysian Armed Forces (MAF) must be administered in accordance with AFC. This research paper employs qualitative research methodology, specifically content analysis supported by a series of elite interviews, to investigate how an actual practise of constitutionalism domain as described in Article 137 relates to the AFC. The primary objective of this paper is to examine the constitutional application of Article 137 and the reality practise based on five factors: conceptual, historical, cultural, doctrinal, and leadership. The investigation demonstrates that the AFC is a military service of its own kind (sui generis). The concept of the AFC as the Separation of Power binds the three realms, namely the King, the Armed Forces, and the Conference of Rulers. Article 137 of the Federal Constitution establishes that no other council or service commission has the same unique characteristics.