Article 5 Federal Constitution Malaysia Cases

Last amendment included here is the federal constitution amendment act 1995 which entered into force on 20 july 1995.

Article 5 federal constitution malaysia cases. 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. Inconsistencies between federal and state laws 76. Wikipedia article wikidata item. The public interest interpretation of article 5 3 of the federal constitution in ooi ah phua 1975 2 mlj 198 in which the court held that the constitutional right to legal representation can be postponed pending police investigation.

Power of parliament to legislate for states in certain cases 76a. Article 5 1 states that no person shall be denied of his personal liberty unless the law allows it to be. The power of parliament to make laws shall be exercised by bills passed by both houses or in the cases mentioned in article 68 the house of representatives and except as otherwise provided in this article assented to by the yang di pertuan agong. Various justifications and comments were made by parties on the decision that there.

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. No person shall be deprived of his life or personal liberty save in accordance with the law. 5 2 provides that if someone complains of being unlawfully detained to a high court judge of similar or higher rank the court shall inquire into the complaint. The constitution of malaysia comprising 181 articles is the supreme law of malaysia.

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. However some defects in it should be reform by adopting the principle of constitutionalism. The decision of the court was in line with the article 5 3 of the constitution. Article 5 is the liberty provision.

The original constitution was first introduced as the constitution of the federation of malaya on merdeka day 31 august 1957 and subsequently introduced as the constitution of malaysia on malaysia day 16 september 1963. Subject matter of federal and state laws 75. The constitution establishes the federation as a. This is an unofficial consolidation.

The constitution of the federation of malaya is the foundation of the federal constitution of malaysia today. In malaysia article 5 of the federal constitution fc provides rights to liberty of the person. Federal constitution pa r t vi relations between the federation and the states chapter 1 distribution of legislative powers article 73. Federal constitution of malaysia.