END-OF-SEMESTER EXAMINATION

SEMESTER I, 2007/2008 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 : 10.11.2007

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 Question (1) and any THREE (3) other questions.

Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal

APPROVED BY
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QUESTION 1

The Prime Minister is out of the country and his official engagements have been carried

out by his deputy. In one of the functions the latter told the audience that the country was

an Islamic state. This has provoked statements of protest from various sectors,

particularly the non-muslims. These include one from Wong King Kong, the secretary-

general of Parti Naga who is also the president of the backbenchers club in Parliament.

The protests from the members of the ruling coalition really upset the Prime Minister and

he has been thinking of asking Lim Chin Chai, the President of Parti Naga, to leave the

cabinet for failing to control and take action against Wong King Kong. Lim Chin Chai is

the Minister responsible for Housing and Local Government. The Prime Minister was

incensed as the controversy had embarrassed the government and he did not think such

was good. It has to be said however that throughout the controversy the minister

remained tight-lipped and did not say anything about the matter. He however expressed a

view which was similar to the one expressed by his secretary-general during the cabinet

meeting chaired by the Prime Minister after he (the Prime Minister) returned home. He

came to you for an opinion.

Discuss.

(15 marks)
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QUESTION 2

Compare the decisions in Chia Khin Sze (1958) and Surinder Singh Kanda (1962) on the

issue of constitutional supremacy as stated in art. 4(1). Which one do you think is closer

to the provision?

(15 marks)

QUESTION 3

“….. the problem that we have to face on the interpretation of the provision on Islam as

the religion of the federation has been due to the ambiguity prevalent in the founding

constitutional documents, namely the Reid Commission Report and the White Paper. The

cases so far have given some insights to the status of Islam in the constitution. However,

not all the cases have categorically ruled on whether Islam has been given a special status

though it is safe to say that Art. 3(1) has put Islam at a special place”

Shamrahayu A. Aziz, “Islam as the Religion of the Malaysian Federation: The Scope and

Implications” (2006) 14 IIUMLJ 33, 49.

Discuss.

(15 marks)
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QUESTION 4

“As a concept constitutionalism does not remain static. It indeed has given birth to

various concepts….”

Abdul Aziz Bari, Malaysian Constitution: A Critical Introduction (2003), p.10.

Explain.

(15 marks)

QUESTION 5

The Senate and the House of Representatives were assigned with different roles under the

Reid Commission Report. Do you think the relationship between the two houses in the

past 50 years has been one that is in accordance with what was recommended by the

Commission?

(15 marks)

QUESTION 6

Parliament – through the passing of Act A704 - amended art.121 in 1988; whereby the

phrase “judicial power” was deleted from the provision. Do you think that this has had

the effect divesting ordinary courts of their powers?

(15 marks)