Constitutional Law

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CONFIDENTIAL

LW/JUN 2012/LAW437

UNIVERSITI TEKNOLOGI MARA
FINAL EXAMINATION

COURSE

CONSTITUTIONAL LAW I

COURSE CODE

LAW437

EXAMINATION

JUNE 2012

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of three (3) parts :

2.

Answer ALL questions in PART A and PART C, and any TWO (2) questions in PART B in the Answer Booklet. Start each answer on a new page.

3.

Candidates are allowed to bring the following into the examination hall: (i) An unannotated copy of the Federal Constitution.

4.

Do not bring any material into the examination room unless permission is given by the invigilator.

5.

Please check to make sure that this examination pack consists of: i)
ii)

PART A (5 Questions)
PART B (3 Questions)
PART C (1 Question)

the Question Paper
an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO
This examination paper consists of 4 printed pages
© Hak Cipta Universiti Teknologi MARA

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LW/JUN 2012/LAW437

PART A

QUESTION 1
A constitution may be classified as "rigid" or "flexible".
With reference to the above statement and relevant articles of the Federal Constitution, how do you classify Malaysia's basic law?
(6 marks)

QUESTION 2
"Constitutionalism" is an important concept for checking abuse or misuse of government powers.
Elaborate.
(6 marks)

QUESTION 3
Explain, with examples, the concept of judicial review on the ground of constitutionality. (6 marks)

QUESTION 4
Distinguish four features of a 'responsible government' with counterpart features of an 'independent government'.
(6 marks)

QUESTION 5
State three exceptions to the "rule against double jeopardy". (6 marks)

© Hak Cipta Universiti Teknologi MARA

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LW/JUN 2012/LAW437

P ARTB

QUESTION 1
In Malaysia, supremacy of the Constitution is merely notional. It is a legal mirage and a legal myth.
Comment on the above statement.
(20 marks)

QUESTION 2
Habeas corpus is a remedy to secure personal liberty in Malaysia. Discuss with reference to some decided cases
(20 marks)
QUESTION 3
Discuss the extent and scope of freedom of religion in Malaysia. (20 marks)

© Hak Cipta Universiti Teknologi MARA

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PARTC

QUESTION 1
The Muslim Women Forum (MWF) published a book entitled Muslim Women and the Challenges of Islamic Extremism. The book was a compilation of essays submitted during an international roundtable meeting which discussed the issue of the Muslim Women and the religious extremism in Southeast Asia and Middle East. The book was made available for sale in Malaysia and elsewhere in 2009. It was in circulation in Malaysia for over two years until it was banned by the Minister through an order under section 7(1) of the Printing Presses and Publications Act 1984 (PPPA) on the grounds of it being 'prejudicial to public order'.

The decision of the Minister did not provide the supporting reasons but merely stated the grounds of public order. The book was found to be in conflict with the guidelines issued by Jabatan Kemajuan Islam Malaysia ('JAKIM'). According to JAKIM, the publication was prohibited because of its tendency to confuse Muslims, particularly the women. Out of a total of 215 pages in the book, several paragraphs in seven pages were said to contravene the guidelines.

The MWF was disappointed. It critised the constitutional restraints on freedom of speech and expression as well as on the press freedom which limit the publication of the book. An article was published in its blog dated 1 July 2012, entitled 'No Freedom of Expression in Malaysia'. MWF wishes to take the matter to court for a declaration that the PPPA is unconstitutional. However, the PPPA disallows judicial review on the Minister's discretion. Analyse the above situations and advise MWF on the...
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