Question 1

Choose any TWO (2) of following Constitutionalism theories:

(a)Rule of Law

(b)Doctrine of Separation of Powers

(c)Check and Balance

(d)Limited Government

Examine each theory that you have chosen and explain the definition/characteristics/aspects of the theory and the extent of the adoption in Malaysia. Substantiate your answer with constitutional provisions and decided cases.

Does each theory reflect a better democracy and why?

Question 2

(a)Constitutional supremacy is viewed as a check on governmental power. No matter who is elected, the constitution’s principles must be enforced. While constitutional supremacy is designed to be strong, upholding it can be challenging. In many cases, people have no means of enforcing it. If a court states that the government is in violation of part of the constitution, it likely has no means of enforcing its decision

Explain the concept of judicial review and the effectiveness of this regime including how does the court addresses the pre-merdeka laws and post-merdeka laws. Support your answer with constitutional provisions and decided cases

(b)In the case of Tun Datu Haji Mutapha v Tun Datuk Haji Mohamad Adnan Robert [1986] 2 MLJ 420, Tan Chiaw Thong J explained:

“we are here concerned primarily with the interpretation of the Constitution, particularly Articles 6(3), 7, 8, 10(1) and (2), and 14 thereof. It is only where the Court considers that external aid is necessary for such purpose that it will become necessary to consider whether such a constitutional convention as is submitted, exists as an aid for and background to constitutional construction here. In the view which I take with regard to this matter on which I shall elaborate later, it has not become necessary for me to do so.”

In light of the above statement, what is a constitutional convention? Why is constitutional convention important in Malaysia? What are the ways in which constitutional convention is protected and its limits? Support your answer with constitutional provisions/ decided cases/ political incident (if any).

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