Article 13 Federal Constitution Malaysia Cases
Various justifications and comments were made by parties on the decision that there.
Article 13 federal constitution malaysia cases. The constitution establishes the federation as a. The constitution of the federation of malaya is the foundation of the federal constitution of malaysia today. The federal constitution allows for an emergency to be called under article 150 with the assent of the king the federation s supreme ruler. Federal constitution ensures protection for owning of property in malaysia since property has become one of the important elements in life based on current economy.
Powers and duties of auditor general. The federal constitution of malaysia which came into force in 1957 is the supreme law of malaysia. 2 no law shall provide for the compulsory acquisition of use of property without adequate compensation. Lately article 40 and article 150 of the federal constitution became hot topics of debate after the yang di pertuan agong al sultan abdullah ri ayatuddin al mustafa billah shah pic rejected the request of prime minister tan sri muhyiddin yassin to declare a state of emergency in the country.
Federal constitution article 103. It is drafted by reid commission that headed by lord william reid in order to formulate a constitution for the preparation of a fully self governing and independent federation of malaya. Wikipedia article wikidata item. Article 13 1 law jus judicial opinion change in ong ah chuan v public prosecutor 1981 1 mlj 64 s kulasingam anor v commissioner of lands federal territory ors 1982 1 mlj 204 conclusion art 13 1 incorporates limited safeguard.
Article 13 1 law lex arumugam pillai v government of malaysia 1975 2 mlj 29 comptroller general of inland revenue v np 1973 1 mlj 165 5. It was drafted based on the advice of the reid commission and came into force on 27 august 1957 excerpted from constitution of malaysia on wikipedia the free encyclopedia. Power of parliament to legislate for states in certain cases 76a. Subject matter of federal and state laws 75.
Withdrawals from consolidated fund 105. The same rule applies to the sentence decided by the court in the past where it cannot be changed today due to the amendment of laws based on the doctrine of res judicata7 as prescribed under article 7 2 of the federal constitution and affirmed in the case of sau soo kim v pp 8 article 8 equality the principle of equality is the most fundamental of human rights and has been described as. Extent of federal and state laws 74. Inconsistencies between federal and state laws 76.
Article 13 of federal constitution states that. The constitution of malaysia comprising 181 articles is the supreme law of malaysia. Federal constitution pa r t vi relations between the federation and the states chapter 1 distribution of legislative powers article 73.