Dragon

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ASSIGNMENT 2
(Group Assignment)
(20%)

QUESTION

Article 4 (1) of the Constitution of Malaysia declares:

“This Constitution is the supreme law of the federation…’

Consider the validity of this declaration in the light of past and current political, social, and legal developments in Malaysia.

(20 marks)

Article 4
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. The validity of any law shall not be questioned on the ground that - (a) it imposes restrictions on the right mentioned in Article 9 (2) but does not relate to the matters mentioned therein; or (b) it imposes such restrictions as are mentioned in Article 10 (2) but those restrictions were not deemed necessary or expedient by Parliament for the purposes mentioned in that Article. The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or - if the law was made by Parliament, in proceedings between the Federation and one or more States; if the law was made by Legislature of a State, in proceedings between the Federation and that State. Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Supreme Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause. The Constitution of Malaysia, which is the supreme law of...
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