Erosion of the concept of constitutional supremacy in Malaysia

Noor ‘Ashikin, Hamid and Asiah, Bidin and Nazli, Ismail@Nawang and Kamaliah, Salleh and Noraida, Harun (2019) Erosion of the concept of constitutional supremacy in Malaysia. International Journal of Law, Government and Communication, 4 (15). pp. 27-35. ISSN 0128-1763

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The concept of constitutional supremacy is provided by Article 4 (1) and 162(6) of the Malaysian Federal Constitution. It is differed from the doctrine of supremacy of Parliament as practised in English jurisprudence. The objective of this paper is to study the concept of constitutional supremacy, why it has become very important and the dangers that it poses if there is an erosion of the concept. The study is based on doctrinal research as it is primarily concerned with the review of the provisions of the Constitution and reported cases that have been decided by the courts. It is suggested that it was possible for Parliament to amend the Constitution to a point where it basically may defect the concept of constitutional supremacy in Malaysia.

Item Type: Article
Uncontrolled Keywords: Constitutional, Supremacy, Erosion
Subjects: K Law > K Law (General)
Divisions: Faculty of Law & International Relations
Depositing User: Fatin Safura
Date Deposited: 15 Mar 2022 06:59
Last Modified: 15 Mar 2022 06:59

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