CONFIDENTIAL LWIJUN 2016/LAW437 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE CONSTITUTIONAL LAW I COURSE CODE : LAW437 EXAMINATION : JUNE 2016 TIME 3 HOURS INSTRUCTIONS TO CANDIDATES 1 This question paper consists of three (3) parts: PART A (5 Questions) PART B (3 Questions) PART C (1 Question) 2 ‘Answer ALL questions in PART A, PART C and any TWO (2) questions in PART B in the ‘Answer Booklet. Start each answer on a new page. 3. Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A. 4, Candidates are allowed to bring in the following (unannotated) into the examination hall i) Federal Constitution 6. Do not bring any material into the examination room unless permission is given by the invigilator. 6. Please check to make sure that this examination pack consists of i) _ the Question Paper ji) an Answer Booklet - provided by the Faculty 7. ‘Answer ALL questions in English. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 4 printed pages (© Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL, 2 LWIJUN 2016/LAW437 PARTA QUESTION 1 Are the differences between ‘written’ and ‘unwritten’ constitutions of any significance? Discuss. (6 marks) QUESTION 2 Discuss any four (4) characteristics of a federal form of government. (6 marks) QUESTION 3 ‘What is meant by the concept of judicial review on the grounds of constitutionality? Explain. (6 marks) QUESTION 4 Discuss the importance of constitutional conventions in Constitutional law. (6 marks) QUESTION 5 Compare three (3) different features of a responsible government with that of an independent government. (6 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL,CONFIDENTIAL, 3 LWIJUN 2016/LAW437 PART B QUESTION 1 Examine the extent to which the Federal Constitution embodies the doctrine of separation of powers. (20 marks) QUESTION 2 ‘In Malaysia, supremacy of the Constitution is merely notional. It is a legal mirage and a legal myth’ To what extent do you agree with this statement? Examine and substantiate your answer with decided cases. (20 marks) QUESTION 3 ‘The object of any modem Constitution is to protect its citizens against arbitrary and unlawful arrest. The right to life and personal liberty is so fundamental in any civil society that it must be guaranteed’ To what extent does the Federal Constitution provide safeguards for the right to life and personal liberty? Discuss with reference to case law. (20 marks) © Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL 4 LWIJUN 2016/LAW437 PARTC. QUESTION 1 In February 2016, Za Publications Sdn Bhd, a publishing company, published a book ‘Cinta, Hidup dan Kebebasan’, the Malay translation of a book titled ‘Love, Live and Liberty’ written by a Canadian author, [chad Manja.On 1st March 2016, the Enforcement Division of the Selangor Islamic Affairs Department raided Za Publications's office and consficated 180 Copies of the book on the commission of an offence under section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 (‘the impunged section’). The impugned section reads as follows’ Section 16 Religious publications contrary to Islamic law. (1) Any person who a) prints, publishes, produces, records or disseminates in any manner any book or document or any other form of record containing anything which is contrary to Islamic law, or b) _ has in his possession any such book, document or other form of record for sale or for the purpose of otherwise disseminating it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. Consequently, on 1st April 2016, Hilman, the director of Za Publications was charged before the Syariah Court Selangor under the impunged section. Hilman was convicted of the offence and wishes to appeal. Hilman was not happy with the situation and updated his status on his Facebook and Twitter accounts. Hilman critised the government for the action Hilman received many responses to his posting. On 1st May 2016, Hilman was apprehended by the Shah Alam police. He was questioned and detained in a remand centre. He asked for the reasons for his arrest and was informed by the arresting officer that he was being arrested for ‘his seditious statement against the government’. Hilman requested to see a lawyer but that request was denied. He was produced before a Magistrate's Court on 3 May 2016 at 4.30 pm and charged with seditious offences. Analyse the above situation. Hilman seeks your advice on the following issues: a) Were Hilman’s constitutional rights infringed? (20 marks) b) Is section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 constitutional? (10 marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL,