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View ah thian v government of malaysia 1976 2 mlj 112 pdf from law 1001 at university of malaya.
Ah thian v government of malaysia case. Ah thian v government of malaysia 1976 2 mlj 112. Constitutional law application to declare law invalid on ground of inconsistency. 1 page 1976 2 mlj 112. Constitutional law application to declare law invalid on ground of inconsistency with constitution power may be.
The doctrine of supremacy of parliament does not apply in malaysia. Government of malaysia 1976 the apex malaysian court had already declared that the doctrine of parliamentary supremacy as practised in the uk does not apply in malaysia because of the existence and supremacy of the malaysian written constitution. Malayan law journal reports 1976 volume 2 ah thian v government of malaysia 1976 2 mlj 112 28 may 1976. Pointed out in ah thian v government of malaysia.
State of up air 48 1961 supreme court 652 refd dorairajan v. In the case of ah thian v government of malaysia subject was charged under section 372 and 379 of penal code for offences of robbery and armed robbery with attempt to cause death. Malayan law journal reports 1 page. Here we have a written constitution the power of parliament and of state legislature in malaysia is limited by the constitution and they cannot make any law they please the supremacy of the fc is set out in articles 4 1 and 162 6 and section 73 of the malaysia act 1963.
Ah thian v govt of malaysia the judge held that. 103729117 document 1 1. Ah thianvgovernment of malaysia fc kuala lumpur suffian lp federal court criminal application no 3 of 1976. Sunday 24 november 2019 8 10 00 pm myt job number.
However he may be also be charged under section 5 of the firearms act 1971 which carries the penalties of imprisonment for life and whipping not less than 6 strokes. The power of parliament and of state legislatures in malaysia is limited by the constitution and they cannot make any law they please. Government of malaysia 1976 1 lns 3 fc refd diamond sugar mills v. Coming back to article 4 1 of the federal constitution as it is viewed as the foundation of the rule of law for the constitution probably it would be imperative to make reference to the case of ah thian v government of malaysia with focus on the observation of suffian lp.
It follows that the powers of parliament and state legislatures in malaysia are limited by the federal constitution and those. Ah thian v government of malaysia. Fc kuala lumpur suffian lp federal court criminal application no 3 of 1976. 3 of 250 documents 2003 lexisnexis asia a division of reed elsevier s pte ltd the malayan law journal ah thian v government of malaysia 1976 2 mlj 112 federal court criminal application no 3 of 1976 fc kuala lumpur decided date 1.
Caseanalysis 1976 2 mlj 112. Here we have a written constitution. 28 may 1976 suffian lp catchwords. Union of india air 1970 supreme court 1453 refd.
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