Thursday, June 17, 2010

TAN TEK SENG v. SURUHANJAYA PERKHIDMATAN PENDIDIKAN & ANOR

p.14
When the Constitutionality of State action; be it legislative (which is not the case here) or administrative; is called into question on the ground that it infringes a fundamental right, the test to be applied is whether that action directly affects the fundamental rights guaranteed by the Federal Constitution or that its inevitable effect or consequence on the fundamental rights is such that it makes their exercise ineffective or illusory.

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