21 Disember 2012

Constitutional Supremacy in Malaysia


A basic charter will act as a framework so that other laws passed by the Parliament have to be in accordance with it. In Malaysia, the Federal Constitution is the supreme law of the land by virtue of Article 4(1) of the Federal Constitution. With respect to that clause, laws being made by the legislative have to be in line or in other words to be consistent with the basic charter. As a result of inconsistency of any law with the Constitution, the court will have the power to further declare that particular law to be null and void. 

Article 4(1) of the Federal Constitution:
"This constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void."

By respect of clause (1) of Article 4 of the Constitution, it is clear that Malaysia do adopt the principle of Constitutional Supremacy. In every situation, the Constitution will always prevail and the judiciary will be acted as the bulwark or protector of the Constitution. Even the executive and legislative have to follow the Constitution as a guideline in performing their actions and duties. Failure in doing so will be resulted to legal suits being taken by persons whom unsatisfied with their decisions. 

Thus, the members of both the executive and legislative have to be responsible with their performance of duty by making it constitutional. Though the judiciary may be the weakest organ among the three branches but it must be impartial and acting without fear and favor in doing its duty as a watch dog. It must be noted that once a law is against the Constitution, then the judiciary can always bark in giving a clear signal to the party at fault. 

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