Wong Jen Hang BAF2042F3

Tutorial 3

1. The supremacy of Federal Constitution of Malaysia is meaning that the Federal

Constitution of Malaysia is the supreme law in Malaysia. It has the highest authority in a
legal system on the constitution. Many laws are created and amended based on the Federal
Constitution as a fundamental law. If there is any law there is inconsistent with the Federal
Constitution, the law may be challenged in court. Besides, government’s actions and the
judicial system are also affected by the Federal Constitution. They only able to act which are
subjected to the provisions contained within the Constitution. If it is not within the Federal
Constitution, the Constitution can be amended through an amendment act supported by
two-thirds of the members of Parliament. The supremacy of Federal Constitution of
Malaysia is important and necessary as it protect individual freedom, and its fundamental
principles that govern a country.

2. The first example that relates to Malaysia legislative, executive and judiciary is the
Malaysian lawyers protest treatment of senior judge. The protest is happened at Kuala
Lumpur on June 17,2022 (Friday). The protest was occurred because Malaysia’s anti-graft
body, the Malaysian Anti-Corruption Commission (MACC) launched an investigation against
a judge. Lawyers argued that the MACC has constituted a breach of judicial independence
and went against the tenet of separation of powers between the executive and the
judiciary. Under the Federal Constitution of Malaysia (Article 121-131A), judicial
independence from the control and interference of the executive and the legislature.

The second example is the creation of anti-hopping law. On June 9,2022, Malaysia's
proposed anti-hopping Bill will be tabled when Parliament begins its scheduled meeting this
July 18. However, the anti-hopping law is against the Article 10 of Federal Constitution of
Malaysia. Article 10 guaranteed that Malaysians have freedom of association. While if the
anti-hopping law is not created, the political stability will be instable.

The third example is the abolished of death penalty. On June 10, 2022, Malaysia has
confirmed it will abolish the mandatory death penalty. After reviewing the findings of an
expert report into proposed alternatives, the government will now consider proposed
alternative sentences for the 11 offences that carry the mandatory death sentence, Law
Minister Wan Junaidi Tuanku Jaffar said in a statement. It will also look into the use of the
death penalty in 22 other offences.