How do existing laws under the Federal Constitution limit citizenship rights?

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Existing Laws Under the Federal Constitution Limit Citizenship Rights for Children Born Abroad to Malaysian Mothers

Existing laws under Malaysia's Federal Constitution present limitations concerning the citizenship rights of children born abroad to Malaysian mothers. While the issue was included in the Perikatan Nasional's (PN) manifesto and subsequently mirrored in Barisan Nasional's (BN) pledges, the current legal framework restricts automatic entitlement. This situation has been further complicated by recent judicial decisions, with a High Court ruling in favour of granting citizenship by law, which was later overturned by the Court of Appeal.
Judicial Rulings Have Contrasted on Citizenship Entitlement

A significant High Court decision on September 9, 2021, determined that children born overseas to Malaysian mothers are entitled to be Malaysian citizens by law. This ruling mandated the issuance of citizenship documents to these children. However, this outcome was subsequently reversed by the Court of Appeal on August 5 of this year, effectively denying Malaysian mothers the same automatic rights enjoyed by Malaysian fathers in conferring citizenship.
Legal Avenues Remain for Addressing the Citizenship Issue

The caretaker Home Minister, Datuk Seri Hamzah Zainudin, has stated that his actions are constrained by existing laws within the Federal Constitution, indicating that legislative amendments would be necessary to resolve the matter. Despite these constraints, the plaintiffs involved in the High Court case have pursued further legal recourse. They have appealed to the Federal Court, which has scheduled December 14 to hear their application for leave to appeal the Court of Appeal's decision.
Political Manifestos Reflect Growing Support for Change

Both Perikatan Nasional (PN) and Barisan Nasional (BN) have included provisions in their election manifestos addressing the citizenship rights of children born abroad to Malaysian women married to foreign nationals. Hamzah Zainudin pointed out that PN had this agenda in its manifesto, and suggested that BN’s inclusion of the issue was a response to PN’s initiative. BN’s pledge, presented as part of an ambitious manifesto, aims to amend the Federal Constitution to prevent children from mixed marriages from being denied the right to call Malaysia home.

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How do existing laws under the Federal Constitution limit citizenship rights?

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