INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END OF SEMESTER EXAMINATION

SEMESTER I, 2012/2013 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 : 2.1.2013

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 5 Printed Pages With 6 Questions.

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

Answer Any FOUR (4) Questions.

REFERENCES ALLOWED

NIL

Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal
Statutes should be free from any form of annotation.

APPROVED BY
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QUESTION 1

By virtue of Article 39 of the Federal Constitution, the Executive authority is vested in

the Yang di-Pertuan Agong. This power is exercisable by the Yang di-Pertuan Agong

himself and also the Cabinet members. Article 44 vests the legislative power in the

Parliament. The Yang di-Pertuan Agong is one of the Parliament components. The

Cabinet members must be a Member of Parliament. Meanwhile, Article 121(1), which

vested the judicial power in the two High Courts, was amended in 1988. The amendment

deleted the vesting clause.

By virtue of the above statement, explain to what extent does the doctrine of separation of

powers applied in the Federal Constitution, and whether there is constitutional guarantee

on the application of check and balance theory.

(15 marks)

QUESTION 2

A State Legislative Assembly (SLA) passed an amendment to the State’s Constitution

giving power to the Speaker of the SLA to declare a seat of its member vacant in the

event of defection from the party which he was elected.

Following a general election, Liberties Party obtained simple majority. Cham, Tham and

Dawud, who contested under Liberties Party were elected to the SLA. Cham and Tham

were then appointed as members in State Executive Council (EXCO). Unhappy with

Gunaman, the Mentri Besar, who is also the President of Liberties Party, Cham and Tham

tendered resignation from EXCO. They then left Liberties Party to form a new political

party, named “Rights”.

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Soon after the formation of the new party, five other SLA members, including Dawud,

from Liberties Party joined Rights. Gunaman tendered resignation on the grounds that he

had lost the support from the members of the SLA.

Assuming this hypothetical problem arises in one of the states in Malaysia, discuss and

decide over the possible constitutional issues.

(15 marks)

QUESTION 3

Discuss the various constitutional functions and powers of the Yang di-Pertuan Agong.

Indicate in your answer whether they are discretionary or non-discretionary and whether

they are affective or not.

(15 marks)

QUESTION 4

Explain the application of the doctrine “office during pleasure” in the tenure of public

servants in Malaysia. Include in your answer the circumstance where public servants can

be dismissed without being given their constitutional rights.

(15 marks)
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QUESTION 5

In a recent Parliamentary debate which was broadcasted live throughout the country, Mr.

XXXL, a Member of Parliament proposed for a change and way forward for the country.

He suggested, among others, for the abolishment of monarchy. He also recommended for

a constitutional change on the status of Islam as the religion of the State. His other

concern was over the constitutional privileges guaranteed to Malays. He suggested for the

abolishment of the privileges.

His proposal attracted the media. Following after his speech in the Parliament, he was

immediately surrounded by journalist upon stepping out from the Parliament meeting. In

the next day, Mr. XXXL made a press conference at his party’s head-quarter to address

some questions and queries from the media. During the press conference, he was asked

by the media about the statements he made in the Parliament. In response to the

questions, Mr. XXXL repeated the same statement he earlier made in the Parliament.

Few days later, he was arrested and charged for promoting racial tension and enmity

among the Malaysians. Mr. XXXL wants to claim for protection of free speech in

Parliament.

Advise Mr. XXXL. In giving the advice, indicate to him the strength and the weakness of

his status in the prosecution.

(15 marks)
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QUESTION 6

a) Explain the concept and the importance of judicial independence.

(7 marks)

b) Discuss the constitutional provisions that serve to protect judicial independence in

Malaysia.

(8 marks)