The document outlines several constitutional dilemmas in Malaysia's Federal Constitution including the lack of a preamble, inadequate founding provisions, and too few fundamental liberties protected similar to those in the constitutions of India and South Africa. It also notes the absence of directive principles of state policy, enforcement and remedies provisions, and issues with the appointment of judges and independence of the judiciary. The document states there are two or three other dilemmas and an amendment to the Rules of the High Court in 2000 added further issues.
The document outlines several constitutional dilemmas in Malaysia's Federal Constitution including the lack of a preamble, inadequate founding provisions, and too few fundamental liberties protected similar to those in the constitutions of India and South Africa. It also notes the absence of directive principles of state policy, enforcement and remedies provisions, and issues with the appointment of judges and independence of the judiciary. The document states there are two or three other dilemmas and an amendment to the Rules of the High Court in 2000 added further issues.
The document outlines several constitutional dilemmas in Malaysia's Federal Constitution including the lack of a preamble, inadequate founding provisions, and too few fundamental liberties protected similar to those in the constitutions of India and South Africa. It also notes the absence of directive principles of state policy, enforcement and remedies provisions, and issues with the appointment of judges and independence of the judiciary. The document states there are two or three other dilemmas and an amendment to the Rules of the High Court in 2000 added further issues.
2. Founding provisions: Part I Inadequate and defective. 3. Part II of the Fed Constitution: Too few fundamental liberties. Fundamental Liberties. [India & S Africa?] 4. No Directive Principles of State Policy and Fundamental Duties [Refer to Part IVA and IVB of the Indian Constitution: The Wish List] See how the Indian Supreme Court has interpreted the Directive Principles. 5. No enforcement and remedies provisions in the Malaysian Fed Constitution. [See Art. 226 and Art. 32 of the Indian Constitution. See also Art. 137 of the Indian Constitution. See further Section 38 of the South African Constitution.] 6. Art. 121 of the Malaysian Fed Constitution: Judicial Power of the Federation. [Removed in 1988 from the Fed Constitution. 10 th June 1988. Act A704.] 7. Appointment of judges. [Eshadul Baris LLM Dissertation.] [Other related problems: Independence of the Judiciary and other governmental enforcement agencies.] 8. Two or three other dilemmas! 9. To add insult to injury: PU(A) 342/2000: Amendment to Order 53, Rules of the High Court 1980 in the year 2000. [Wednesbury review and constitutional review merged in Order 53.] ========================================================= ========================================================= ==============================================