SUPREMACY OF FEDERAL LEGISLATION
SUPREMACY
OF FEDERAL CONSTITUTION
2.1 The Law after Merdeka Day
The
Federal Constitution is the supreme law of the land by virtue of Article 4(1)
of the said Constitution. On that count, Article 4 goes on to state that any
laws passed after Merdeka Day which are inconsistent with the Constitution
shall to the extent of inconsistency, be void.
Any
law inconsistent with the Federal Constitution may be challenged in court. As
Suffian LP pointed out in Ah Thian v
Goverment of Malaysia [1976] 2 MLJ
112 at page 113:
“The
doctrine of supremacy of parliament does not apply in Malaysia. Here we have
written constitution. The power of parliament and state legislatures in
Malaysia is limited by the Constitution, and they cannot make any law they
please”
As
to the position of laws passed after Merdeka Day, it seems that these laws
which are inconsistent with the Constitution shall also to the extent of inconsistency,
be void by virtue of the case,
2.2 The Law before Merdeka Day
Article
4(1) refers only to the law made after Merdeka Day but regarding the laws
before Merdeka day are dealt with in Article 162(6). Pre-merdeka laws shall be
applied by a court or tribunal by such modifications as may be necessary to
make accord to the Constitution.
In Surinder Singh Kanda v Government of
Federation of Malaya [1962] MLJ 169. The
appellant (Kanda) was dismissed on July 1958. He brought to the court for wrong
dismissal and contended that the law before Merdeka day was inconsistent with
the Federal Constitution. Under the pre-merdeka law Comissioner of police has
the right to appoint and dismiss, but after merdeka Federal Constitution
provides under article 140(1) and 144 (1) that
the powers are now vested on Police Service Comission. Privy Council
held that the dismissal was void as the Constitution is prevail when the powers
to appoint and dismiss no more vested on Comissioner of Police.
CONSTITUTIONAL
MONARCHY AND ISLAM
Article 32(1)
read together with Article 40
establishes a constitutional monarchy; the Supreme Head of the Federation
taking the title of “Yang di-Pertuan Agong”.
Chapter
(4) of the Part IV establishes a system of Parliamentary democracy. Various
articles establish a Westminster type of parliamentary government with no
separation of the legislative and executive branches. The judiciary remains
separate and independent.
The
Constitution provides for a constitutional monarchy. The Malaysian monarch is
called the “Yang di-Pertuan Agong”, who is “the Supreme Head of the Federation”
and takes precedence over all persons including the Rulers. He is elected by
the conference of rulers, by rotation, from the rulers of the nine Malay
States.
The
word “Rulers” is the generic name that has long been used to refer to the
hereditary Heads of the State.
Each of the nine Malay States has a Ruler who
succeeds to the throne of the state in accordance with the State Constitution
bearing the title “Sultan”. In Perlis, the Ruler is referred to as “Raja”. In
Negeri Sembilan, he is also known as “Yang Dipertuan Besar”. A deputy King is
known as Timbalan Yang di-Pertuan Agong.
His
Majesty the Yang di-Pertuan Agong can no longer act as the Ruler of his state
and is represented a Regent. Penang, Malacca, Sabah and Sarawak have no
hereditary Ruler and as such, the King takes on the Headship of Islam in these
states.
A
Regent or a council of Regency for the state of the Yang di-Pertuan Agong is
appointed during his term as the King. As Head of the Federation, his
jurisdiction naturally extends to the whole federation.
Article 3
provides for Islam to be the religion of the Federation, but other religions
may be practised in peace and harmony in any part of the Federation. The
Constitution also covers and protests fundamental liberties to all people
living in the Federation. Besides, the special privileges of indigenous people
are preserved in the Constitution. The Constitution also emphasizes citizenship
in the Articles.
SUPREMACY OF FEDERAL LEGISLATION
Reviewed by Kamaruddin Mahmood
on
9:46:00 PTG
Rating:

Tiada ulasan: