KUALA LUMPUR: Constitutional supremacy in Malaysia is not real, according
to constitutional law lecturer Professor Shad Saleem Faruqi.
He said the Constitution was supposed to be the highest law
in the country but in reality it was just a notion.
“A great deal of legislation passed by parliament and state assemblies disregard
constitutional limits.
“For example, the Printing Presses and Publications Act 1984 says a minister’s
discretion shall be absolute. He can impose any condition he deems fit.
“In a country with a supreme constitution, how can anyone have absolute
discretion?” asked Shad Saleem.
It had to be a discretion constrained by the constitution, he
said.
“Freedom of speech can be restricted only on grounds of order, security,
morality but here you put a stamp on the menu and you say sulit, terhad (private
and confidential) and it becomes that.
“It has nothing to do with national security, or public order or friendly
relations with other states. Whatever Parliament passes in its wisdom, that is
the law,” he said at the 14th Malaysian Law Conference 2007 yesterday.
Shad Saleem said the supreme charter should not only restrict the executive but
also Parliament.
“Here, however, the Constitution has not become the sail and anchor, the chart
and compass of our nation’s legal endeavours. It is merely notional.
“The Constitution does not constrain parliament. It hardly constrains the
executive because the executive has been given power by a parliament whose
powers are unlimited,” he said.
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