The Supremacy of the Constitution

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b) Discuss the concept of supremacy of the constitution. The term ‘constitution’ is used in two senses which are the body of legal and non-legal rules concerning the government of a state, and a single written document having special legal status, which establishes the states, and sets out the structure and powers of the state. The term in both senses applies to the constitutions in Malaysia. The Federal Constitution in Malaysia is the supreme law of the federation. It is the fundamental law of the land, a king of ‘higher law’ which is used as a yardstick with which to measure the validity of all other laws. Any law inconsistent with the Federal Constitution may be challenged in court. The legislature is not the only organ which is subject to the Federal Constitution. The executive and judiciary are, too. All institutions created by the Federal Constitution and deriving their powers from it are subject to its provision. The supremacy of the Federal Constitution is set out in Articles 4(1). The Articles states that this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Consitution shall, to the extent of the inconsistency, be void. Article 4(1) refers only to laws made after Merdeka Day. Pre-Merdeka laws shall be applied by a court or tribunal with such modifications as may be necessary to make them accord with the Federal Constitution. Under the former, any post-Merdeka law which is inconsistent with the Federal Constitution shall be declared void to the extent of the inconsistency. Article 4(1) has to be read with Article 159, which provides for the amendment of the Federal Constitution. The question that arises is whether the Federal Constitution, the supreme law of the land, which is binding on Parliament may itself be amended by
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