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Wednesday, March 30, 2011

FOOD FOR THOUGHT FOR THE COMING EXAMS ON AL-

The Federal Constitution may be the Supreme law of this country- but there is a setback here. In cases of emergency, the whole FC can be suspended by the Yang Di Pertuan Agung.

"The potency of emergency lawslie  in that they are deemed valid even if inconsistent with the FC ( Art 150(6) read with (6A). In the upshot, the retention of a parallel legislative system under a continued state of emergency remains a dent in the development and enhancement of constitutionalism in the country."

 Constitutional  Landmarks in  Malaysia.-page 113
Dear Peguambela  & Peguamacara- this is not a "dent" as I see it. There are bound to be emergency provisions in any constitution in the world- especially if the country is in a state of war. If  the exam question requires you to comment on the M.E crisis- - you need to write on the issue of  referendum  first, then comes the new system of Goverment- and how these powers can be curtailed to prevent it from abuses from the next Goverment. At this point you can start making comparisons with other fabulous  dynamic ( South Africa & India- of course )Constitutions ( Cheerio ; Happy Studying!!

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