Karen Sarah is a Kadazandusun lady who has moved to the Klang Valley to seek for better job opportunities there. However, she faces problem in securing a job at the Ministry of Works even though she is highly qualified as a mechanical engineer with all necessary certificates and she has prior work experiences in the industry. When she asks the ministry officer of the reason that she did not get the job, she is shocked to hear that it is because she is a Christian woman from Sabah and they think that she cannot adapt to the working environment of the ministry because of that. The ministry has clearly violated the Malaysian Constitution since every Malaysian, including Karen Sarah, is entitled to [__________] that disallows any form of discrimination against any citizen on the ground only of religion, race, descent, place of birth, or gender.

Question

BlackTom AI · Accepted Answer

This item asks us to complete a constitutional principle in the Malaysian context.
First, recall the general idea: the Constitution protects individuals from discriminatory treatment by the state, and it does so by anchoring the concept of equality in law.
The prompt describes a scenario where a ministry officer discriminates on the basis of religion and ethnicity, which is precisely the kind of conduct the constitutional framework prohibits.
Option-free reasoning:
- If we fill the blank with “equality before the law” (or the closely related phrasing “equality before the law and equal protection of the laws”), we capture the core constitutional guarantee that all citizens are to be treated equally by the law, without unjustified distinctions.
- Using merely the term “equality” can be understood as the broad ideal that all people are equal, but it doesn’t explicitly emphasize protection from discrimination by state action in the way the phrase “equality before the law” does. In constitutional texts, the qualifier “before the law” specifies that it is the law’s application—not arbitrary distinctions by authorities—that must treat everyone equally.
- The description in the prompt says the guarantee “disallows any form of discrimination against any citizen on the ground only of religion, race, descent, place of birth, or gender.” That aligns with the formal constitutional standard typically stated as equality before the law and equal protection of the laws spoken of in Article 8, rather than a more general notion of equality alone.
- Therefore, while “equality” is conceptually related and somewhat acceptable in everyday language, the intended doctrinal fill would most precisely be a phrase indicating legal equality before the law, which enshrines protection against discrimination by government actions.
Reflection on potential misconceptions:
- Choosing a term like “equal rights” could be appealing but might not directly map to the constitutional phrasing that anchors the prohibition in the treatment of individuals by the state under the law.
- Selecting “non-discrimination” alone would describe the outcome but not explicitly tie the protection to the legal framework that ensures equality before the law, which is the constitutional mechanism behind that protection.
- If a student writes “equality” in a vacuum, they demonstrate understanding of the general principle, but they may miss the precise constitutional formulation that reinforces legal equality in administration and governance.
In summary, the constitutional protection most closely associated with the described prohibition is the concept of equality before the law (and its equal protection), which ensures that citizens cannot be discriminated against by state actors on the grounds listed. The given answer “equality” touches on the same overarching principle but lacks the specificity of the legal provision that directly disallows discrimination by the government in the administration of law.

MPU3193.AF1.JAN2023 Fill in the Blanks

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