Article 5 Federal Constitution Malaysia Cases

The federal constitution of malaysia which came into force in 1957 is the supreme law of malaysia.

Article 5 federal constitution malaysia cases. Federal constitution of malaysia. 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. Last amendment included here is the federal constitution amendment act 1995 which entered into force on 20 july 1995. Inconsistencies between federal and state laws 76.

Article 5 is the liberty provision. In malaysia article 5 of the federal constitution fc provides rights to liberty of the person. Extent of federal and state laws 74. 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. 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. Federal constitution pa r t vi relations between the federation and the states chapter 1 distribution of legislative powers article 73. The decision of the court was in line with the article 5 3 of the constitution.

No person shall be deprived of his life or personal liberty save in accordance with the law. 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. 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. This is an unofficial consolidation.

The constitution establishes the federation as a. Subject matter of federal and state laws 75. 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. 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. The federation was initially called the federation of malaya in malay persekutuan tanah melayu and it adopted its present name malaysia when the states of sabah sarawak and singapore now independent became part of the federation. Power of parliament to legislate for states in certain cases 76a.