LAW437 Constitutional Law I UITM Assignment Answers Malaysia

LAW437 Constitutional Law I explores the Malaysian Federal Constitution and the delicate balance between the different branches of government. Students will gain an understanding of Malaysia’s constitutional history and how it has evolved over time. The course also covers key concepts such as the rule of law, separation of powers, and judicial review. By the end of the course, students will have a strong understanding of Malaysia’s constitutional framework and how it affects the everyday lives of Malaysians.

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Assignment Activity 1: Describe the basic principles of the Federal Constitution.

The Federal Constitution of Malaysia is the supreme law of the country. It sets out the framework within which the Malaysian federal government operates and defines the relationship between the federal government and the state governments. The Malaysian Federal Constitution is based on the Westminster system, and it guarantees certain fundamental rights and liberties to the citizens of Malaysia.

Some of the key principles enshrined in the Malaysian Federal Constitution include:

• The principle of federalism provides for a federation of states comprising a union of peoples
• The principle of parliamentary democracy, which vests sovereignty in the people and requires that all power be derived from them through Parliament
• The principle of constitutional monarchy, under which the head of state is a hereditary monarch who exercises executive authority on behalf of the people
• The principle of equality before the law, which prohibits discrimination on grounds such as race or religion
• The principle of due process requires that any person who is accused of a crime be given a fair and public trial
• The principle of separation of powers, which divides governmental power between the executive, legislature, and judiciary
• The principle of checks and balances ensures that no one branch of government has too much power

The Malaysian Federal Constitution also guarantees certain fundamental rights and liberties to the citizens of Malaysia, such as the right to life, liberty, and property; freedom of speech, assembly, and association; and equality before the law.

Assignment Activity 2: Analyse various problems that arise in the major areas of the Federal Constitution.

The Malaysian Federal Constitution is a complex document, and there are many potential problems that can arise in its interpretation and application. Some of the most common problems that arise in the major areas of the Federal Constitution include:

• The interpretation of the Federal Constitution by the courts: The Federal Constitution is open to different interpretations by the courts, and this can sometimes lead to conflicting decisions.
• The application of the Federal Constitution by the executive branch: The executive branch has a great deal of discretion in how it applies the Federal Constitution, and this can sometimes lead to abuse of power.
• The amendment of the Federal Constitution: The amendment of the Federal Constitution is a complex and lengthy process, and it can often be used to further the political agendas of those in power.
• The implementation of the Federal Constitution: The implementation of the Federal Constitution is often hindered by a lack of resources and coordination between the different levels of government.

These are just some of the potential problems that can arise in the major areas of the Federal Constitution.

Assignment Activity 3: Evaluate the application of constitutionalism and fundamental rights in Malaysia.

Constitutionalism is the ideological and political principle that gives power to the people through a system of checks and balances. It is based on the belief that governments derive their legitimacy from the consent of the governed.

In Malaysia, constitutionalism is enshrined in the Federal Constitution, which is the supreme law of the land. The Constitution sets out the powers of the various government bodies and delineates the rights of citizens. These include fundamental liberties such as freedom of speech, freedom of assembly, and freedom of religion.

The Malaysian courts have played an important role in upholding these rights, often in defiance of the government. In recent years, there has been a growing movement to promote and protect constitutional rights in Malaysia. This has been driven in part by concerns about the erosion of democratic institutions and civil liberties under the current government. The application of constitutionalism and fundamental rights remains an ongoing challenge in Malaysia.

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