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CONSTITUTION (RULE OF LAW (Respect for legality by the government (there…
CONSTITUTION
RULE OF LAW
Ruled by law
Against arbitrariness
Enunciated by Dicey 1885
Adopted in the 3rd National Principle (Keluhuran Perlembagaan)
Respect for legality by the government
there are controls on executive discretion
the courts are easily accessible to the people
there is supremacy of law and predominance of legal spirit
there is no retrospective legislation
Protection of individual freedom
there should be constitutional protection for civil liberties
right to equality
independence of judiciary should be guaranteed
FEDERAL CONSTITUTION
Basic Features
Malaysia as a federation
Constitutional Monarchy
Parliamentary Democracy
Islam is the religion of the federation
Freedom of Liberties
Basic doctrines
Supremacy of Constitution
Rule of Law
Separation of Powers
Amendments
Requiring Consent of Conference of Rulers
Requiring Special Majorities
Requiring Consent of Sabah & Sarawak
Not requiring Special Majorities
Supreme Law of the Federation
Based on Westminster model
DEFINITION
Single written document
Legal and non-legal rules
SEPARATION OF POWERS
Branches
Executive
Implementation
Formulating policy
Legislative
Alters law
Repeals law
Makes law
Judiciary
Administering justice
Interpreting law
Purpose
Prevent tyranny and abuse of power
Safeguard liberty