INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END-OF-SEMESTER EXAMINATION
SEMESTER 1, 2014/2015 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Bachelor of Laws Level of : Second

Study

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 11.1.2015

Duration : ( 15 minutes )

Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections

Duration ( 3 hours )

Course Title : Constitutional Law I Course Code : LAW 2250

This Question Paper Consists of 4 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.

Answer FOUR (4) Questions only.

NO REFERENCE(S) ALLOWED

Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal

APPROVED BY
QUESTION 1

"Constitutionalism is the constraining of government in order to better

effectuate the fundamental principles of the political regime...

'[C]onstitutionalism' should be distinguished from the mere possession of

a constitution.... The distinguishing feature of a constitutional

state...would not be its possession of a written document called a

constitution but its effective protection of individual rights..."

Keith E Wittington, "Constitutionalism", in Kelemen & Caldeira (Eds.), The Oxford

Companion of Law and Politics, 2008, at 281.

Do you agree with the above statement? Discuss the state of constitutionalism in

Malaysia.

(15 marks)

QUESTION 2

The Federal Constitution proclaims itself to be supreme. However, there are laws that

are inconsistent with the Constitution and remain valid. In this respect discuss the

limitations on the supremacy of the Federal Constitution.

(15 marks)

2
QUESTION 3

"Malaysia was declared as an Islamic state by the former Prime Minister

of Malaysia, Tun Dr. Mahathir Mohamad on the 29th September, 2001 at

the Gerakan national 39th delegates’ conference with the consensus of all

other BN component parties present. ... Islam, via this declaration, has

regained once again its supreme position it once enjoyed in this land."

R. Sivaperegasam P. Rajanthiran, "DAP’s Opposition of Malaysia as an Islamic State" in

Seminar in Political Managements and Policies in Malaysia, 2010.

Discuss the position of Islam as the religion of the Federation and the implications of the

above declaration that Malaysia is an Islamic State.

(15 marks)

QUESTION 4

"Part of the special interest of the monarchical politics of Malaysia lies in

the fact that a traditional institution, kept in being essentially for passive

legitimization, has shown a capacity for strengthening its role and even

posing challenges to the more modern political sector which it is suppose

to serve."

Roger Kershaw, Monarchy in South-East Asia: The Faces of Tradition in Transition,

2001.

Considering the above comment, discuss the role of the monarchy in determining the

Head of Government in Malaysia.

(15 marks)
3
QUESTION 5

Parliamentary privilege does not mean that Members of Parliament are immune from

criminal prosecutions for anything said or done by them. The privilege is limited to

anything said or done in the proceeding of the Houses. Even during the proceeding,

Members of Parliament could be prosecuted for offences under the Sedition Act 1948.

Do you agree with the above statement? Discuss whether the objectives of granting

privileges to Members of Parliament are met considering how the law has been applied in

Malaysia.

(15 marks)

QUESTION 6

Discuss the factors which secure judicial independence in Malaysia. How far do you

think that these factors are adopted and applied in the Federal Constitution in ensuring the

application of the doctrine of separation of powers?

(15 marks)