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Nelfi Amiera Mizan
Multimedia University
of the CPC violates Article 121(1) (before 1988) and thus unconstitutional. The
majority of held that, the Section 418A of CPC contravene the Article 121(1) of the
Federal Constitution as the power to transfer cases is falls under the jurisdiction of
judicial power. The Section 418A of CPC had obviously giving power to a non-
judicial authority (deputy public prosecutor) and by that it had violates Article 121(1)
of the Federal Constitution. Even though the case had involved both legislative and
executive power, the court still upheld the supreme Constitution.
To further strengthen, in the case of City Council of George Town v
Government of Penang, the subject argued that the laws made by the Government
of Penang, which are the City Council of George Town Order 1966 and Municipal
(Amendment) Enactment 1966 contravene to the Local Government Election Act
1960. Court held that, the laws were null and void as referred to Article 75 of the
Federal Constitution which states that any state law that is inconsistent with Federal
law shall be void up to its inconsistency and federal law shall prevail.
In contrast of the supremacy of constitution, sovereignty of the parliament had
different views on the highest law applied. States that apply the sovereignty of
Parliament placed legislative assemblies as the highest authority to make or repeal
law as they think fit and it is supreme over the judicial branch. For instance, the
highest source of authority in United Kingdom is the Parliament and the Acts of
Parliament.
The doctrine is usually referred to the description by Professor A.V Diecy,
which states – Parliament is legally competent to legislate upon any subject matter.
By his description, it reflects that parliament is very powerful where it may pass any
law as without restriction.
As referred to the His Majesty’s Declaration of Abdication Act 1936, it can be
seen that parliament had pass act to alter the succession of a throne. As King
Edward VIII desired to marry his lover, Wallis Simpson- a divorcee, he had faced
strong opposition from the Government of United Kingdom and the church as it may
cause constitutional crisis. Due to his marriage to Wallis Simpson, the Parliament
had passed the act to remove his throne and His Majesty shall be terminated to be
King, His Majesty’s descendants shall not have any rights, title or interest to the
succession.
Nelfi Amiera Mizan
Multimedia University
of the CPC violates Article 121(1) (before 1988) and thus unconstitutional. The
majority of held that, the Section 418A of CPC contravene the Article 121(1) of the
Federal Constitution as the power to transfer cases is falls under the jurisdiction of
judicial power. The Section 418A of CPC had obviously giving power to a non-
judicial authority (deputy public prosecutor) and by that it had violates Article 121(1)
of the Federal Constitution. Even though the case had involved both legislative and
executive power, the court still upheld the supreme Constitution.
To further strengthen, in the case of City Council of George Town v
Government of Penang, the subject argued that the laws made by the Government
of Penang, which are the City Council of George Town Order 1966 and Municipal
(Amendment) Enactment 1966 contravene to the Local Government Election Act
1960. Court held that, the laws were null and void as referred to Article 75 of the
Federal Constitution which states that any state law that is inconsistent with Federal
law shall be void up to its inconsistency and federal law shall prevail.
In contrast of the supremacy of constitution, sovereignty of the parliament had
different views on the highest law applied. States that apply the sovereignty of
Parliament placed legislative assemblies as the highest authority to make or repeal
law as they think fit and it is supreme over the judicial branch. For instance, the
highest source of authority in United Kingdom is the Parliament and the Acts of
Parliament.
The doctrine is usually referred to the description by Professor A.V Diecy,
which states – Parliament is legally competent to legislate upon any subject matter.
By his description, it reflects that parliament is very powerful where it may pass any
law as without restriction.
As referred to the His Majesty’s Declaration of Abdication Act 1936, it can be
seen that parliament had pass act to alter the succession of a throne. As King
Edward VIII desired to marry his lover, Wallis Simpson- a divorcee, he had faced
strong opposition from the Government of United Kingdom and the church as it may
cause constitutional crisis. Due to his marriage to Wallis Simpson, the Parliament
had passed the act to remove his throne and His Majesty shall be terminated to be
King, His Majesty’s descendants shall not have any rights, title or interest to the
succession.
