CONFIDENTIAL

LW/APR2010/LAW437

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

CONSTITUTIONAL LAW 1 LAW437 APRIL 2010 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of THREE (3) parts :

PART A (5 Questions) PART B (3 Questions) PART C (1 Question)

2.

Answer ALL questions in PART A and PART C, and any TWO (2) questions in PART B in the Answer Booklet. Start each answer on a new page. Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A. Candidates are allowed to bring the following into the examination hall: (i) An unannotated copy of the Federal Constitution. Please check to make sure that this examination pack consists of: (i) the Question Paper (ii) an Answer Booklet - provided by the Faculty

3.

4. 5.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL PART A QUESTION 1

LW/APR 2010/LAW437

The Malaysian Constitution provides for a parliamentary government. Explain. (6 marks) QUESTION 2 State three (3) distinctions between law and convention. (6 marks)

QUESTION 3 What are the grounds on which habeas corpus may be refused? (6 marks)

QUESTION 4 Briefly explain three (3) federal features in the Malaysian Constitution. (6 marks)

QUESTION 5 What are the safeguards for freedom of speech in Malaysia? (6 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL PARTB QUESTION 1

LW/APR2010/LAW437

State your views as to whether Article 3 of the Federal Constitution implies that Malaysia is an 'Islamic state'. (20 marks)

QUESTION 2 Examine the extent to which the Federal Constitution embodies the doctrine of separation of powers. (20 marks)

QUESTION 3 Discuss critically the constitutional significance of any ONE (1) of the following decided cases:a) Surinder Singh Kanda v Government of Malaya [1962] 1 MLJ 169. (20 marks) b) Subashini a/p Rajasingam v Saravanana a/I Thangathoray [2008] 2 MLJ 147. (20 marks) c) Urn Guan Eng v PP [1988] 3 MLJ 14. (20 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL PARTC QUESTION 1

LW/APR 2010/LAW437

Tengku Amirul Hisyam of Negeri Zamzam was arrested under Section 376 of the Penal Code for the offence of rape of a minor aged 15 years. He argued that the act was done with consent of the minor. After some investigations against Tengku Amirul Hisyam, he was released from custody. The police claimed that they did not have any clear evidence against him to charge him of the offence. Furthermore, he was preparing for a coronation ceremony of becoming a Regent in a few weeks time. Soon after the coronation, the Regent continued his deprived acts towards women. This time, the woman who was with him died because of overdose of illegal drugs. Consequently the Regent was again asked a few questions by the police and later released. The police confirmed that they found no evidence to relate him to the death of the woman. The Attorney General's chamber was also silent as the Regent was the future king of Negeri Zamzam. The families of the dead woman and the minor were very furious about the in-action by the police. However, they were reminded by the state authority to keep quiet and to make no noise about these cases. They were offered huge sums of money to keep silent. As they were of poor families, they did not reject the money. At the same time, they wanted to bring this matter to court and to get justice for their daughters. These matters raised the interest of a young and ambitious journalist, Alif. He wrote in the newspaper and in his personal blog that these cases were unusual as they involved a Royalty and commoners. He wrote that by being a Regent, Tengku Amirul Hisyam was free to do anything as he pleases. He also mentioned that the Regent will continue his acts forever without stopping as he is from the palace and a Royal family has its own immunities. As a result of the reported news, Alif was detained preventively by the Minister of Home Affairs under the ISA and sent to Kalumpang detention centre. Alif was told that he will be detained at Kalumpang for the rest of his life. Alif was devastated by the injustice done to him. He also expressed fears about the fate of the families of the minor and the dead woman. Discuss all relevant issues pertaining to the above case with reference to decided cases and provisions of the Federal Constitution. (30 marks)

END OF QUESTION PAPER

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL