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eee a a 4 : t& CONSTITUTIONAL LAWI Tutorial Questiony trou Questiony Casey Mazlina Mohamad Mangsor LAW 437 mam CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 1 If you are to draft a constitution for a newly independent country, what are the salient and essential features need to be constructed into the document? State three (3) advantages of adopting 3 written constitution as compared to an unwritten constitution [Oct 2003, Ql, Part A]. What are the differences between a ‘written’ and an ‘unwritten’ constitution? [March 2004, Q6, Part A] Discuss the advantages of adopting a *written’ constitution over an “unwritten” one. [Nov 2005, Q1, Part A] The difference between a written constitution and unwritten constitution Is one of degree, not of kind. Discuss. [Apr 2007, Q3, Part A] Every Constitution to some extent is unwritten. [Oct 2007, 04, Part AJ LAW 437 CONSTITUTIONAL LAW 4 (LAW 437) TUTORIAL 2 : “Constitutionalism’ is an important concept for checking abuse or misuse of gavernment powers. Comment. [Oct 2003, Q3, Part A] *Constitutionalism’ is an important concept for checking abuse or misuse of governmental powers. Evaluate the truth of the above staternent. [Apr 2008, Q4, Part A] What is the difference between constitutional law and constitutionalism? [March 2004, Q1, Part A] Discuss the main features of the doctrine of collective ministerial responsibility to Parliarnent. [Nov 2005, Q3, Part A] A country may have a ‘constitution’ but not necessarily ‘constitutionalism’. [Oet 2003, 7, Part B] “It is not enough for a country to have a Constitution, whether written or unwritten. It Must also practice constitutionalism’. Critically examine the above statement, [Gct 2007, Qt, Part B] Examine the extent to which the Federal Constitution embodies the doctrine of separation of powers. [March 2005, Q1, Part 8] Who drafted the Federal Constitution? If it was not enacted by the Federal Parliament, then why is it regarded as ‘law’? I the notion that the "Constitution is superior to Parliament and therefore binds the Parliament’ compatible with the belief in democracies that the will of the elected representatives of the people must be allowed to prevail? What is meant by the phrase "rule of lave’? LAW 437 CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 3 ‘The Malaysian Constitution provides for a federal form of government’. Explain. [Mar 2005, Q1, Part A) Malaysia has a ‘federal system of government’. How does the Constitution provide for a » federal system in the legislative field? Discuss. [Oct 2006, Q1, Part A] How is @ ‘federation’ distinguishable from a ‘confederation’. [Oct 2004, Q5, Part A]. What are the differences, if any, between federations and confederation? [Nov 2005, Q4, Part A] State the differences in powers conferred under Articles 149 and 150 of the Federal Constitution [Oct 2007, Q2, Part A] Comment on the statement that ‘the Yang di-Pertuan Agong reigns, he does not rule’. [Apr 2006, Q4, Part A]. . State four (4) characteristics of a federal form of government. Discuss. [Apr 2009, Q1, Part AJ - What are the legislative powers of Parliament and State Legislative Assembly? . In 1955, an election was held to the Federal Legislative Council. The Alliance (comprising UMNO, MCA & MIC) secured 51 of the 52 seats available. The Alliance demanded early independence. Explain the process of gaining the independence from the British. - Before the colonial period, there were no modern democratic and representative forms of government in Malaysia (Malaya). Does that mean there is no constitutional iaw existed in Malaya? CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 4 - What is meant by the concept of judicial review on the ground of constitutionality? [Apr 2006,G2;Patal eee se be a Describe briefly the four (4) methods of amending the Federal Constitution. [Mar 2005, Q5, Part A] [Apr 2009, Q5, Part A] . In what ways can the Federal Constitution be described as ‘partly rigit and partly flexible’? [Oct 2004, Q1, Part A]. What is meant by a ‘partly rigid and partly flexible’ constitution? [Nov 2005, Q6, Part A] . What. are the legal. characteristics attributed to a ‘Malay’ under the Federal Constitution. [Oct 2004, Q4, Part A] . “Affirmative action is entrenched in the Federal Constitution’. Comment. [Apr 2006, Q4, Part A]. . What are some of the rules and, practices by which the Federal Constitution seeks to Preserve the independence of the judiciary? [Apr 2006, QS, Part A]. Malaysia has a bicameral legislature. Discuss. . Who is the native of Sabah and Sarawak? What is meant by the phrase ‘elected and representative government’? CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 5 Why are constitutional conventions important in constitutional law? [Oct 2007, Q1, Part Al nlike laws, conventions are not justiciable. Explain the above statement and state three (3) exceptions to it. [Oct 2006, Q6, Part A] In what ways, if any, are ‘laws’ different from ‘conventions’? [Nov 2005, Q5, Part A]. In what ways are conventions distinguishable from laws? Discuss. [Oct 2004, Q6, Part A] Are constitutional conventions distinguishable from rules of law? Discuss. [March 2004, Q2, Part A]. . ‘Conventions are the flesh that clothes the dry bones of the constitution’. Comment on the truth of this statement. [March 2005, Q6, Part A] Laws are justiciable but conventions are not. Are there any exceptions to this rule? Briefly explain any three (3) exceptions. [Apr 2006, Q4, Part A]. Explain the interrelationship between conventions and law. State the meaning of subordinate legislation. What is the difference between an Act of Parliament and an Enactment of the State Legislative Assembly? LA ¥ W 437 CONSTITUTIONAL LAW 4 (LAW 437) TUTORIAL 6 How does the doctrine of severability operate in the field of constitutional review? [Apr 2006, QI, Part Ay With reference to at least one decided case, explain the doctrine of pith and substance. [Apr 2006, 2, Part A] De jure, the Federal Constitution is supreme. However, de facto, Parliament is supreme. To what extent do you agree with this statement? Substantiate your answer with decided cases. [Oct 2003, Q6, Part B] ‘In Malaysia, supremacy of the Constitution is merely notional. It is a legal mirage anda legal myth’. Comment on this observation. [Apr 2006, Qi, Part B] Is constitutional supremacy, So boldly proclaimed in Article 4 (1) of the Federal Constitution, a legal myth? Discuss. [Oct 2004, Q7, Part B] Distinguish between the implication of constitutionality supremacy and parliamentary supremacy. [March 2005, Q4, Part A] . Judicial review on constitutional grounds is the litmus test of constitutional primacy. State how effectively has the courts in Malaysia enforced the supremacy of the Constitution. [Mar 2004, Q7, Part B] . Discuss the efficacy of judicial review on the ground of constitutionality. [Apr 2007, Q1, Part B] What is meant by the concept of judicial review on the ground of constitutionality? [Nov 2005, Q2, Part A] State the differences in powers conferred under Articles 149 and 150 of the Federal Constitution. [Oct 2007, Q2, Part A] LAW 437 TUTORIAL QUESTION 7 CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 7 Illustrate at least five significant differences between the ‘Westminister’ and ‘Washington’ system of government. [Apr 2006, Q3, Part A] . Compare three (3) different features of responsible government with that of independent government. [Mar 2005, Q2, Part A] Compare the features of a responsible government with that of an independent government highlighting any three (3) differences. [Oct 2003, Q2, Part A] . Between a system of ‘responsible government’ and ‘independent government’ which system do you prefer and why?[Oct 2004, Q9, Part B][Apr 2009, Ql, Part B] . Discuss between responsible and independent systems of government. [Apr 2008, Qt, Part B] . Discuss critically the constitutional significance of any ONE (1) of the following decided cases: a. Jamali bin Adnan v Public Prosecutor (1986) 1 MLJ 163 (20 marks) b. Dewan Undangan Negeri Kelantan & Anor v Nordin bin Salleh & Anor (1992) 1 MLJ 697 (20 marks) c. Phang Chin Hock@ Ah Tee v Public Prosecutor (1980) 1M13 70 (20 marks) ee [Apr 2008, Q3, Part B) d. Mamat bin Daud v Government of Malaysia [1988]1 MLV 119 — (20 marks) e. Teh Cheng Poh v Public Prosecutor [1979] 1 MLJ 50 (20 marks) f. Surinder Singh Kandar v Government of the Federation of Malaya [1962] MU 169 (20 marks) [Apr 2007, Q3, Part B) g. Karam Singh v Menteri Hal Ehwal Dalam Negeri Malaysia [1969] 2 ML 129 h. Ong Ah Chuan v Public Prosecutor [1981] 1 MLI 64 (20 marks) [Apr 2009, Q3, Part B) i. Re Tan Boon Liat [1977] 2 ML) 108 j. Hashim b Saud v Yahya b Hashim & Anor [1977] 2 ML 116 k. PPV Azmi Sharom 9CLI £20154 LAW 437 TUTORIAL QUESTION 8 ‘CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL & 1, In Article 5 (1) does the term ‘law’ refer to /ex or jus? [March 2004, Q5, Part A] 2. Briefly explain the concept of ‘personal liberty’ according to Article 5 of the Federal Constitution. [Oct 2008, Q4, Part A] 3. ‘The object of any modern Constitution is to protect its citizens against arbitrary and unlawful arrests. The right to life and liberty is so fundamental in any civil society that it must be guaranteed’. To what extent does the Federal Constitution provide safeguards for the right to life and personal liberty? Discuss with reference to case law. [Oct 2006, Q2, Part B] How effective is habeas corpus in securing personal liberty in Malaysia? Discuss with reference to some decided cases. [Nov 2005, Qi, Part B] bn 5. The right to life and personal liberty is protected under Article 5 of the Federal Constitution. Discuss to what extent the right can be restricted by Parliament." [Oct 2003, Q8, Part C] 6. Bakri works in a factory that assembles Spark plugs. On a Friday evening while he was going back home on his motor. bike, he was stopped at a police road block. His motor bike was without road tax and insurance. His driving licence had expired. On the pillion rider's seat, three boxes of spark plugs were neatly tied and held together. Constable Amri questioned him about the expired road tax and the licence. Inspector Zul accused him of pilfering (stealing) the spark plugs from his employer’s shop. Bakri explained that his boss had asked him to transport the spark plugs to the house of a friend of the boss. The police officers were not satisfied. After questioning him about half an hour, they asked him to push his motor bike to the nearest police station. He was locked in a cell for the night. When he required why he was being detained, he was told, ‘we need to investigate you further’. mam2010 1 LAW 437 TUTORIAL QUESTION 8 Next morning he was interviewed, verbally abused and made to stand for two hours. He became really angry and asked to see & lawyer and also have his wife informed. Both requests were refeused. On the following Monday at about 10.30 a.m. he was produced before a Magistrate who extended the remand by another two days. In the meantime, Bakri’s employer found out about the arrest and applied for bail. Bail was set at RM5,000. Bakri has been unable to ~ raise this amount and remains in remand. His family members seek your legal advice. Advise them. (30 marks) [Apr 2007, Q1, Part C) 7. On 1.1.2005 Xalatan, Pilo and Timoptol were arrested by the police on the suspicion that they were of the Caucasian race, they were professing the ‘tanga’ religion (a new religion being propagated in Malaysia), and they were involved in an illegal assembly held at the Shah Alam community center on 31.12.2004. They were, however, not told of the grounds of their arrest. They were detained at the Shah Alam police station for two days and denied legal representation. On 3.1.2005 they were served with a detention: order for two years under section 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969. The spouses of the detainees were shocked to read in the local dailies that their husbands had been detained at the Kamunting detention center for two years, effective from 3.1.2005. They were in the dark as to the reasons of their detention, The spouse of the detainees have come to see you for advise on: i. the lawfulness of their husbands’ arrest and detention, (40 marks) ii. the fundamental rights that have been infringed pertaining to the arrest and detention, and (10 marks) iii. 7 the action that can be instituted to secure their husbands’ release. (10 marks) Advise them, [March 2005, Q1, Part C) mam2010 2 LAW 437 TUTORIAL 9 CONSTITUTIONAL LAW 1 (LAW 437) TUTORIAL 9 1. Article 7(2) of the Federal Constitution is designed to prevent repeated trials. Discuss. [March 2005, Q3, Part Aj 9, Q3, PartA] 2. The Federal Constitution permits the passing of retrospective laws by Parliament. Give two (2) examples. [Apr 2007, Q2, Part A] Article 7 of the Federal Constitution provides Protection against retrospective criminal laws. There are, however, some situations in which this protection does not apply. Discuss briefly two (2) such situations. [Oct 2003, Q4, Part A] ] To what extent does the Federal Constitution prohibit the passing of retrospective criminal laws? Comment. [Oct 2006, 04, Part A] 3. State three exceptions to the ‘rule against double jeopardy’. [Oct 2007, Q5, Part A] What is meant by the rule against double jeopardy? [March 2004, Q3, Part A] To what extent dees the Constitution provide protection against double jeopardy? [Nov 2005, Q3, Part B] 4. The Malaysian Constitution adopts the principle of equality amongst equals. Explain the principle by reference to any one (1) case, [Apr 2007, Q5, Part A] 5. There is a large gap between the constitutional ideal of ‘equality before the law’ and the political, legal and administrative realities on the ground. Comment. [Nov 2005, Q2, Part 8] 6. Discuss the constitutional issues of the following: On January 1, Rogol is arrested for a gruesome rape of two minors under section 375 of the Penal Code. Around that time there is public outcry against the rising incidence of sex crimes against women. The Government amends section 376 of the Penal Code to increase the punishment for rape to ‘not less than ten years and not more than twenty years’ and also prescribes mandatory whipping of ten strokes. The law is backdated to cover all arrests made on-or after January 1, 2007. By the time the hearing in Rogol’s case commences on July 27, 2007, the new law has been gazetted. The Public Prosecutor charges Rogol under the new law. Rogol's lawyer objects to the application of the new law. Express your views on the constitutionality of mam 5315 offence 1 S376 punishment zm LAW 437 TUTORIAL 9 the amendment and the actions of the Public Prosecutor. (15 marks) [Oct 2007, Part C, Q2(a)] On 1.1.2005 Amigo was arrested by the police for possession of 100 packets of a white substance while leaving Kuala Lumpur International Airport. The nest day, he was produced before Zoomie, a First Class Magistrate in Sepang, and charged with the offence of possession of drugs. He pleaded not guilty and Zoomie ordered that his trial be fixed for 1.2.2005. On 1.2.2005 Xalatan, the Deputy Public Prosecutor, applied for the discharge of Amigo's case because the chemist’s report on the nature and weight of the drugs had gone missing. Zoomie ordered that Amigo be discharged of the offence of possession of drugs. ‘On 1,10.2005 Amigo was re-arrested and charged with the offence of trafficking in drugs in the Shah Alam High Court. Badal, Amigo’s counsel submitted to Tikku, the Judge, that Amigo is protected by the rule against double jeopardy found in Article 7(2) of the Federal! Constitution. Advise Tikku. Would your answer be different if on 1.10.2005 Amigo had inserted been charged for possession of drugs in the Shah Alam High Court? (20 marks) [Oct 2006, Part B, Q3] wv LAW 437 TUTORIAL 11 CONSTITUTIONAL LAW 1 (LAW 437) - TUTORIAL 11 1. Discuss the extent and scope of freedom of religion in Malaysia. (20 marks) [Mar 2005, Q3, Part B] 2. In accordance with several decisions of the superior courts, a Muslim who wishes to renounce his religion cannot do so unilaterally. He must apply to the Syariah Court for a certificate of apostasy. Zahir wishes to renounce his religion. He, therefore, goes to the Syariah Court in Shah Alam to submit his application for apostastasy. In the column for giving reasons he states that he wishes to convert because he desires to marry a non- Muslim girl. He is immediately arrested and charged under @ Selangor Syariah law “for insulting Islam’. He wishes to apply for habeas corpus. Advise him. (15 marks)[Oct 2007, Q2(b), Part C) 3. Marianne Chin was born into a devout Christian family. At age 25 she fell in love with Hisham, @ Muslim colleague. She converted to Islam in order to marry him and was given the name of Mariam Abdullah. At age 35 Mariam was given a divorce by Hisham. After the divorce she took out a statutory declaration that she was no longer a Muslim and has reverted to Christianity and to her former name Marianne. She moved back to her parent’s home and began to lead the life of a Chirstian. = Soon after her divorce a Chirstian colleague by the name of Robert Kuok wished to marry her. But as her I.C. still stated her religion to be ‘Islam’, she was unable to marry him in Malaysia. So Robert and Marianne/Mariam went abroad, got married there and came back to Malaysia to live as husband and wife. They were blessed with a child. A few months after the birth of her child, Marianne/Mariam was arrested and charged in the Syariah Court for zina and khalwat with Robert. In reply to the charge, she stated on oath that she had renounced Islam and reverted to Christianity, For these statements she was prosecuted before the syariah judge on two additional charges: insulting the religion of Islam and attempted apostasy. At the conclusion of the trial she was found guilty of zina, khalwat, apostasy and insulting Islam. She was-jailed a total of six years and.fined RM10, 000. Her marriage to Robert was declared null and void. Advise her on the following: a) Does she have a constitutional right to convert to a-religion of her choice? (20 marks) b) Does te Syariah Court have jurisdiction over her case? (5 marks) c) Are the punishments imposed by the Syariah Court ultra vires and unconstitutional? (5 marks) [Oct 2006, Q1, Part C] 4, The Federal government is concerned about the increasing number of Muslims who are converting cut of Islam. In view of this, the Parliament enacts the Islamic Aqidah 2003 (fictitious). The said Act forbids a Muslim from renouncing Islam or converting into another religion. A provision of the Act even provides that should a Muslim be found guilty of the said offence, he or she could be liable for imprisonment not exceeding three (3) years and be required to attend ‘Agidah Counseling’ as part of his ‘punishment’ to bring him back to the faith. You are representing a Non-Governmental Organisation (NGO) which is concerned about the infringement of fundamental liberties and the legality of the said Act. You are mcm 1 LAW 437 TUTORIAL 11 required to present an opinion on the matter, Discuss whether the said Act raises any constitutional issues. (30 marks) [Oct 2003, Q9, Part C] 5. Suresh Kumar a/l Ganeswaran, while aged 15, became friends with a Muslim family. Without the knowledge and consent of his parents, and under the Influence of the Muslim family he greatly admired, he converted to Islam. The syariah officials gave him the fame of Sohaib bin Abdullah. But Sohaib continued to live with his Hindu parents and willingly participated with them in Hindu religious and cultural practices. At age 25 Sohaib fell in love with a Sikh girl and wished to Marry her at the civil registry. As his LC. showed that his religion was Islam, he was not allowed to contract a civil marriage. The girl refused to convert. Determined to marry the lady of his dreams, Sohaib tries a number of measures: a) He issues a Statutory Declaration that he was never a practicing Muslim, that he no longer wishes to be known by his Muslim name, and that he has reverted to Hinduism. b) He applies for a change of name and religion on his national I.C. ) He applies to the High Court to have his conversion to Islam at age 15 declared null and void... . - d) He also applies to the Syariah Court in his area for a Declaration that he is not, and never was, a Muslim. Alternatively, he seeks to renounce Islam. He is promptly arrested for insulting Islam and is sentenced by the Syariah Court to one year detention in a rehabilitation centre. * Advise him on the constitutional issues involved and his rights, if any, under the Constitution. (30 marks) [Apr 2006, QU, Part C] 6. Adong and Leorna have lived in Hutan Paya since they were born in 1988. Their ancestors, a group of aborigines found the land and built up few villages in Hutan Paya. Most members of the community collect forest products such as edible bird nest, bee wax, rattan and ivory. These products become a source of cash income. Hutan Paya is located in the State of Selangor. Recently the state authority decided to clear Hutan Paya. The clearing was done for the construction of a dam. Adong and Leorna have no where to go. Their main source of income from the forest products have been destroyed. Feeling angry and unhappy, Adong and Leorna joined an assembly held at a community center to protest against the state authority's action. Consequently, they were arrested. They were not informed of the grounds of their arrest. They were detained at the Shah Alam Police Station and denied legal representation. They were released after three days. ‘The building of the dam Is severely criticised by many Malaysian NGOs. Your expert opinion is sought in relation to the following issues: a) Adong and Leerna feel that the action violates their rights to property.(10 marks) 5) A number of human rights groups are of the opinion that the clearing deprive the freedom of Movement and future livelihood.(10 marks) ¢) Adong and Leorna wish to know the lawfulness of their arrest and detention.(10 marks) [Oct 2008, Q1, Part CJ mz 2 MAIN TOPICs: + Sn Historical | Development of | | M'sia’s Constitution Constitutional Law | f lf Constitutional | Basic Features of | | — Sourcesof |} Supremacy vs Fe | | Constitutional Law | | Parliamentary J ponsible | Government vs Fundamental Current Legal 1 Independent Liberties i Issues — Islam Government | | 2. Constitutionalism a.The concept of constitutionalism b.Rule of Law c.Separation of Powers d.Limited Government ‘Supremac | [sone est Constitutionatism 1, Constitutional Law a.types of constitution b.advantages/disadvantages of written & unwritten constitution 3. Historical Development of Malaysia’s Constitution CONFIDENTIAL LWIDEC 2016/LAW437 UNIVERSITI TEKNOLOGI MARA. FINAL EXAMINATION COURSE : CONSTITUTIONAL LAW I COURSE CODE LAw437 EXAMINATION : DECEMBER 2016 TIME : 3HOURS INSTRUCTIONS TO CANDIDATES d 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, 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 4. Candidates are allowed to bring in the following (unannotated) into the examination hall 1) the Federal Constitution 5. Do not bring any material info the examination room unless permission is given by the invigiator. ©. Please check to make sure that this examination pack consists of i) the Question Paper ji) an Answer Booklet - provided by the Faculty 7 Answer ALL questions in English. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 4 printed pages (© Hak Cipta Universit Teknologi MARA CONFIDENTIAL, CONFIDENTIAL, 2 LWIDEC 2016/LAW437 PARTA QUESTION 1 “Every Constitution is to some extent unwritten.” (Document of Destiny: The Constitution of the Federation of Malaysia, Professor Shad Saleem Faruqi, 2008) Discuss. (6 marks) QUESTION 2 State the differences in powers conferred under Articles 149 and 150 of the Federal Constitution, (6 marks) QUESTION 3 Describe briefly the four (4) methods of amending the Federal Constitution. (6 marks) QUESTION 4 Explain in what ways constitutional conventions are distinguishable from law. (6 marks) QUESTION 5 The Malaysian Constitution adopts the principle of equality amongst equals. With reference to any one (1) case, explain the principle. (6 marks) ‘© Hak Cipta Universit Teknologi MARA CONFIDENTIAL CONFIDENTIAL 3 LWIDEC 2016/LAW437 PARTB QUESTION 1 “It is not enough for a country to have a Constitution, whether written or unwritten. It must also practice constitutionalism.” (Document of Destiny: The Constitution of the Federation of Malaysia, Professor Shad Saleem Farugi, 2008) Critically examine the above statement. (20 marks) QUESTION 2 “Judicial review on constitutional grounds is the litmus test of constitutional primacy.” (Document of Destiny: The Constitution of the Federation of Malaysia, Professor Shad Saleem Farugi, 2008) Examine how effectively the courts in Malaysia have enforced the principle of the supremacy of the Constitution. Substantiate your answer with decided cases. (20 marks) QUESTION 3 The Westminster Parliament can be responsive to the electorate as a whole insofar as it implements policies that have electoral support. The Washington Congress allows individual members of the House and Senate to be responsive to the demands of their particular constituents. ‘Analyse and compare both systems of government and support your answer with examples and decided cases. State which system of government do you think is better. (20 marks) ‘© Hak Cipta Universit Teknologi MARA CONFIDENTIAL CONFIDENTIAL, 4 LWIDEC 2016/LAW437 PARTC QUESTION 1 On 1 December 2014, Professor Grey wrote an article in his blog in relation to the laws of the Constitution of the State of Fuschia and questioned the action taken by the Queen of Fuschia. Professor Grey argued the following matters: Regarding the Chief Minister's crisis, the Queen of Fuschia has acted cowardly and entertained the demands of the Pakatan Rak Eat. The integrity of the royal institution should be upheld and must stay intact. Parties with conflicting interests should not be allowed to influence the Queen. Professor Grey's statements have received more than ten thousand ‘likes’ on his blog page. His supporters decided to gather and organise several street rallies and demonstrations in the State of Fuschia. At one of the events, the Professor was invited to deliver a speech whereby he repeated the above statements. Consequently, a spectator shouted ‘Lets overthrow the Queen! and started to throw objects at the nearby building. This move triggered others to destroy closeby vehicles and premises. On 20 January 2015, the Sedition Act 1948 was amended and the following were inserted: i) It prohibits the acts of uttering, publishing or causing to be published any seditious words and by any such act, a party who causes bodily injury or damages to property commits an offence under the Act [section 4(1A)]. ji) It grants no bail when a person is charged under section 4(1A), provided a certificate in writing has been served by the Public Prosecutor on the grounds that bail is to be refused in the public interest [section 5]. On 1st April 2015, Professor Grey was arrested by the Fuschia police. He was questioned and detained at a remand centre. He asked the reasons for his arrest and was informed by the arresting officer that he was being arrested for ‘his seditious statement against the Ruler. Professor Grey requested to see a lawyer but that request was denied. He was produced before a Magistrate's Court on 4 April 2015 at 3.00 pm and was subsequently charged with seditious offences under section 4(1A) of the Sedition Act 1948. Professor Grey seeks your advice on the following issues: a) the infringement of his constitutional rights; (20 marks) b) __ the constitutionality of sections 4 (1A) and 5 of the Sedition Act 1948. (10 marks) Analyse the situation and advise Professor Grey. END OF QUESTION PAPER (© Hak Cipta Universit Teknologi MARA, CONFIDENTIAL ‘CONFIDENTIAL LWIDEC 2014/LAW437 B es UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : CONSTITUTIONAL LAWI COURSE CODE : LAW437 EXAMINATION : DECEMBER 2014 TIME : 3 HOURS INSTRUCTIONS TO CANDIDATES 1 This question paper consists of three (3) parts: PART A (5 Questions) PART B (4 Questions) PART C (2 Questions) 2. Answer ALL questions in PART A, any TWO (2) questions in PART B and any ONE (1) {question in PART C in the Answer Booklet. Start each answer on a new page. 3. Candidates are strongly advised to allocate not more than 60 minutes for answering uestions in PART A. 4, Candidates are allowed to bring in the following (unannotated) into the examination hall () Federal Constitution 5. Do not bring any material ito the examination room unless permission is given by the invigilator. 6 Please check to make sure that this examination pack consists of i) the Question Paper ji) an Answer Booklet — provided by the Faculty DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of printed pages (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL, CONFIDENTIAL, 2 LWIDEC 2014/L AW437 PART A QUESTION 1 Explain the term “constitutionalism” and its si “obedience to the law of the Constitution’. larity and difference from the idea of (6 marks) QUESTION 2 Are the differences between ‘written’ and “unwritten” constitutions of any significance? Discuss, (6 marks) QUESTION 3 |n what ways are constitutional conventions distinguishable from law? Explain (6 marks) QUESTION 4 There are many exceptions to the rule against “double jeopardy” in the Federal Constitution. Discuss any THREE (3) exceptions. (6 marks) QUESTION 5 State the difference, if any, between the power of our courts to review pre-Merdeka and post-Merdeka laws. (6 marks) (© Hak Cipta Universiti Teknologi MARA, CONFIDENTIAL CONFIDENTIAL, 3 LWIDEC 2014/LAW437 PARTB. QUESTION 1 Is Malaysia an “Islamic” or a “secular” state? Discuss with reference to the provisions of the Federal Constitution of Malaysia and decided cases. (20 marks) QUESTION 2 In our plural society, the dream of the forefathers of the Constitution was to create a nation with unity in diversity. To achieve this noble aim, the Malay-Muslim features of the Federal Constitution were balanced by many provisions to suit our dazzlingly diverse, multi-racial and multi-religious society Do you agree with this view? Discuss with reference to the provisions of the Federal Constitution and judicial precedents. (20 marks) QUESTION 3 Critically assess how effectively our federal system of government safeguards the special interests of the states of Sabah and Sarawak (20 marks) QUESTION 4 Consider whether the principle of “constitutional supremacy” is a legal myth or an effective doctrine of our constitutional jurisprudence? Discuss critically (20 marks) (© Hak Cipta Universit Teknologi MARA, CONFIDENTIAL CONFIDENTIAL 4 LWIDEC 2014/LAW437 PARTC QUESTION 1 On 11 September 2011 a 30-strong group of political science students from the Universiti Selatan, Johor Bahru (a fictitious university) tried to march in a single file by the side of the highway leading to the Causeway. The group's aim was to deliver a protest note to the ‘Singapore authorities at the Causeway about the island state's unqualified support for the State of Israel despite the Jewish state's atrocities in occupied Palestine. During their march, the students waved Palestinian flags and carried placards carrying the words “Stop Genocide’. The procession was in a single file, orderly and entirely peaceful but the organisers had not applied for or obtained the required police permit under section 27 of the Police Act 1967. Consequently, the marchers were stopped by the Malaysian police, questioned and arrested. However, the leader of the group, Sazali Othman, escaped and went into hiding, On 9 February 2012 the Peaceful Assembly Act 2012 [Act 736] was gazetted as the new Malaysian law on assemblies and processions. Its relevant features are that: i) _Itrepeals section 27(2) and 27(6) of the Police Act 1967. ii) It permits peaceful assemblies without a police permit but only if the organizer notifies the Officer in Charge of the Police District of the proposed assembly, ten days before the assembly [section 9] iil) Itimposes a total ban on street protests [section 4(1)(c)] On 22 September 2014 at about 8.00 a.m. Sazali Othman was apprehended by the Johor Bahru police. He was questioned and detained in a remand centre. He asked for the reasons {or his arrest and was informed by the arresting officer that he was being arrested for "taking Part in an unlawful assembly". He requested to see a lawyer but that request was denied. He was produced before a Magistrate's Court on 25 September 2014 at 9.00 a.m. and charged with two offences. As sections 27(2) and 27(5) of the Police Act 1967 had been repealed, the two charges against him were framed under the Peaceful Assembly Act 2012. The first charge was under section 9 ~ failing to notify the police of a peaceful assembly. The second charge was for taking part in a street protest contrary to section 4(1)(c) of the Peaceful Assembly Act 2012. Sazali’s family seeks your advice on the following issues: a) Was Sazali's arrest and detention unlawful? (10 marks) b) Was he charged in accordance with the law? (10 marks) ©) __Is section 4(1)(c) of the Peaceful Assembly Act 2012 unconstitutional? (10 marks) Advise the family. (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 5 LWIDEC 2014/LAW437 QUESTION 2 Write a critical case commentary on any ONE (1) of the following decided cases: a) Muhammad Hilman Idham v Kerajaan Malaysia [2011] 6 MLJ 507 b) Dato Seri Syed Hamid Albar Syed Jaafar Albar v SIS Forum (Malaysia) (2012) 9 CLI 297. ) Surinder Singh Kanda v Government of Malaya (1962) MLJ 169 Your case commentary must cover the following matters: a) The relevant facts of the case (2 marks) b) The constitutional issues involved (8 marks) ©) The court's decision on each issue (10 marks) 4) The significance of the case to constitutional law and jurisprudence (40 marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL ra LWIDEC 2015/LAW437 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : CONSTITUTIONAL LAW| COURSE CODE LAW437 EXAMINATION DECEMBER 2015 TIME : 3HOURS 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, PART C and any TWO (2) questions in PART B in the ‘Answer Booklet. Start each answer on a new page. 3 Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A. 4 Candidates are allowed to bring in the following (unannotated) into the examination hall i) Federal Constitution 5. Do not bring any material into the examination room unless permission is given by the invigilator. 6. Please check to make sure that this examination pack consists of |) the Question Paper ii) an Answer Booklet ~ provided by the Faculty 7. ‘Answer ALL questions in English, DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO. This examination paper consists of 4 printed pages (© Hak Cipta Universit Teknologi MARA CONFIDENTIAL CONFIDENTIAL 2 LWIDEC 2015/LAW437 PARTA QUESTION 1 The difference between a written constitution and an unwritten constitution is one of degree, not of kind. Discuss. (6 marks) QUESTION 2 Discuss how the Federal Constitution could be described as being both ‘partly rigid and partly flexible’ (6 marks) QUESTION 3 ‘Affirmative action is entrenched in the Federal Constitution. Explain (6 marks) QUESTION 4 “Laws are justiciable but conventions are not.” State any THREE (3) exceptions to the above rule, (6 marks) QUESTION 5 Discuss the concept of ‘personal liberty’ as provided under Article 5 of the Federal Constituti (6 marks) ‘© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 3 LWIDEC 2015/LAW437 PARTB QUESTION 1 Constitutions are not ends in themselves. They exist to secure some purposes and to promote some ideals and values. One such ideal is the ideal of ‘constitutionalism’. This ideal ‘overiaps with the notions of ‘limited government’, ‘separation of powers’ and ‘tule of law: (Prof Shad Saleem Farugi, Document of Destiny: The Constitution of the Federation of Malaysia, 2008) In light of the above statement, examine the differences, if any, between a government that respects constitutionalism and a government that only respects the constitution. (20 marks) QUESTION 2 ‘The Federal Constitution is supreme on a de jure basis. However, Parliament is supreme on a de factor basis. To what extent do you agree with this statement? Examine and substantiate your answer with decided cases. (20 marks) QUESTION 3 Responsible government is the conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of Parliamentary democracy. Independent goverment is the concept of a system of ‘government that embraces the theory of constitutional supremacy, the primary feature of the ‘Washington system of presidential democracy. Discuss which system of government is better. Analyse and compare both systems and ‘support your answer with examples and decided cases. (20 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 4 LWIDEC 2015/LAW437 PARTC QUESTION 1 Three good friends, Azian, Aiman and Aidil, love to dress up like women. They had decided to participate in the "Miss Kuala Lumpur’ contest specially meant for transgenders. On the date of the event, they dressed themselves up as women and paraded in public, At the event, Jabatan Agama Islam Wilayah Persekutuan (JAWI) arrested all three of them. Later they were charged under Section 28 of the Syariah Criminal Offences Act (Federal Territory) 1997 on the charge of "Man posing as a woman’. ‘They were brought to the lock-up and remanded for seven days. They were then taken to the court and after the trial, were sentenced to three months imprisonment. They decided to appeal against their sentence. However, they were not allowed to appeal and were imprisoned for the three months. Upon their release from prison, they continued with their activities as Pak Andams (male beauticians). They wore women's clothes all the time. They were again arrested by JAW! for the same offence. They were then taken to the police lock up. This time, they were remanded for 14 days. They were not allowed to contact their lawyers, communicate with their families nor make any statement to the public via social media. They were charged under Section 28 of the above Act and also under Section 29 for indecent behaviour in public. This time, they were all sentenced to nine months imprisonment for the two charges and all appeals were rejected. All efforts made to release them were to no avail When they were released, Aiman wrote in his Facebook about their sentences. Aiman blamed the government and said that they were victimized by the govemment's harsh treatment of transgenders. Aiman also mentioned that they wore women's clothings because Of their need to express their gender identity as women. Aiman received many responses for his post. Some agreed with him, but many criticised him. Azlan and Aidil wrote in their Twitter accounts about the same thing. They received threats instead of support from the Public. Later, all three of them were remanded for seven days for sedition. Since the evidence against them were weak, they were released but, they were placed under police surveillance from time to time. . They were also forced to wear men’s clothings and were not allowed to work as Pak ‘Andams, The authorities threatened to rearrest them if they failed to comply. Azlan, Aiman and Aidil are frustrated with their problems. They have come to you for advice. Anlayse and advise them on the following matters: @) whether any of their constitutional rights have been violated; (20 marks) b) __ the possible remedies available to them under the law. (10 marks) END OF QUESTION PAPER ‘© Hak Cipta Universiti Teknologi MARA, CONFIDENTIAL ‘CONFIDENTIAL LWIJUL 2017/LAW437 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : CONSTITUTIONAL LAWI COURSE CODE LAw437 EXAMINATION : JULY 2017 TIME : 3HOURS 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, PART C and any TWO (2) questions in PART 8 in the ‘Answer Booklet. Start each answer on a new page. 3 Candidates will have FIFTEEN (18) MINUTES, during which they may read the paper and make rough notes ONLY in their question paper, They then have the remaining THREE (3) HOURS in which to answer the paper. 4 Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A. 5. Candidates are allowed to bring in the following (unannotated) into the examination hall ) the Federal Constitution 6 Do not bring any material into the examination room unless permission is given by the inviglator. 7. Please check to make sure that this examination pack consists of ') the Question Paper |i) an Answer Booklet ~ provided by the Faculty 8 ‘Answer ALL questions in English DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO "This examination paper consists of 4 printed pages (© Hak Cipta Universit Teknologi MARA CONFIDENTIAL CONFIDENTIAL 2 LWIJUL 2017/LAW437 PART A QUESTION 1 State two (2) differences between the unwritten UK constitution and the written constitution of Malaysia in terms of their flexibility. (6 marks) QUESTION 2 Discuss the main features of the doctrine of ministerial responsibilty to Parliament. (6 marks) QUESTION 3 Describe briefly any three (3) safeguards for judicial independence in Malaysia. (6 marks) QUESTION 4 Explain any three (3) roles of constitutional conventions. (6 marks) QUESTION 5 Compare three (3) different features of a responsible government with that of an independent government. (6 marks) (© Hak Cipta Universit Teknologi MARA CONFIDENTIAL CONFIDENTIAL 3 LWIJUL 2017/LAW437 PART B QUESTION 1 In PP v Kok Wah Kuan [2007] 6 CL 341, it was held that “INJo provision of the law may be struck out as unconstitutional... even though it may be inconsistent with the doctrine of separation of powers. The doctrine is not a provision of the Malaysian Constitution even though it influenced the framers of the Malaysian Constitution.” Critically examine the above statement. (20 marks) QUESTION 2 ‘Although constitutional supremacy is guaranteed by the Constitution of Malaysia, there are numerous weaknesses which undermine constitutional supremacy and continuity. Explain the factors which are detrimental to constitutional supremacy and continuity with reference to decided cases. (20 marks) QUESTION 3 Examine the extent to which the Federal Constitution embodies the right to freedom of speech as provided by Article 10. Support your answer with relevant statutory provisions and decided cases. (20 marks) (© Hak Cipta Universit Toknolog! MARA CONFIDENTIAL ‘CONFIDENTIAL 4 LWIJUL 2017/LAW437 PART C QUESTION 1 In 2017, the state of Selangor introduced changes to the Syariah Criminal Offences (Selangor) Enactment 1995, The latest enactment provides, inter alia, for the following} i) iy The syariah law offences of sariqah(theft), hirabah (robbery), zina (unlawful carnal intercourse), iat and musahagah (intercourse against the order of nature), homicide, causing bodily harm and itidad or riddah (apostasy) are codified and defined For the above offences it provides for penalties ranging from death, death by stoning, amputation of limbs, whipping up to 100 lashes, imprisonment for life, imprisonment for such term as in the opinion of the (Syariah) Court would lead the offenders to repentence and forfeiture of property to Baitulmal. The provisions of the Enactment have been severely critised by many Malaysian NGOs. You are a lawyer specialised in constitutional litigation. Your expert opinion is sought in relation to the following issues: a) b) ° ‘The Bar Council of Malaysia is of the view that inclusion of criminal offences in the Enactment violates the federal-state division of powers and the punishments Prescribed are ultra vires the powers of the State Assembly and are thus unconstitutional. (10 marks) ‘A number of human rights groups are of the opinion that the punishment of apostasy violates many provisions on fundamental liberties under the Federal Constitution and international law on freedom of religion. (15 marks) All groups concemed wish to know the legal remedies (if any) in respect of their challenges, and the Court where they may commence their legal action to challenge the Enactment (marks) ‘Advise these groups on the constitutional issues raised in paragraphs (a), (b) and (c) above. END OF QUESTION PAPER (© Hak Cipta Universit Teknolog! MARA CONFIDENTIAL ‘CONFIDENTIAL LWIJUN 2015/LAW437 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE CONSTITUTIONAL LAW I COURSE CODE : LAW437 EXAMINATION : JUNE 2015 TIME : 3HOURS 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, PART C and any TWO (2) questions in PART B in the ‘Answer Booklet. Start each answer on a new page. 3 Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A, 4 Candidates are allowed to bring in the following (unannotated) into the examination hall: () Federal Constitution. 6 Do not bring any material into the examination room unless permission is given by the invigilator. 6 Please check to make sure that this examination pack consists of i) the Question Paper jl) an Answer Booklet ~ provided by the Faculty 7. ‘Answer ALL questions in English. 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 2 LWIJUN 2015/LAW437 PART A QUESTION 1 ‘Every Constitution to some extent is unwritten’. Discuss. (6 marks) QUESTION 2 Explain the difference(s) between constitutional law and constitutionalism. (6 mars) QUESTION 3 Malaysia has a federal system of government. State how the Constitution provides for a federal system. (6 marks) QUESTION 4 ‘Conventions are the flesh that clothe the dry bones of the constitution’. Explain this statement with reference to relevant examples, (6 marks) QUESTION 5 State which system of government you would prefer between ‘responsible government’ and ‘independent government’ and why. (6 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL, ‘CONFIDENTIAL 3 LWIJUN 2015/LAW437 PARTB. QUESTION 1 Examine the extent to which the Federal Constitution embodies the doctrine of separation of, powers. (20 marks) QUESTION 2 Judicial review on constitutional grounds is the litmus test of constitutional primacy. State how effectively the courts in Malaysia have enforced the supremacy of the Constitution. Discuss with reference to the provisions of the Constitution and relevant cases. (20 marks) QUESTION 3 ‘One of the fundamental liberties enshrined in the Federal Constitution is the freedom of speech, which can be summed up as ‘everything is permitted unless expressly forbidden by law. Critically evaluate the above statement. (20 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL, 4 LWAJUN 2015/LAW437 PART C QUESTION 1 Kamaliah and Adamiah are Muslim men who consider themselves to be women and so they wear feminine clothes and apply makeup. They have been diagnosed with a medical condition known as Gender Identity Disorder (GID). Both of them are living in Negeri Sembilan. Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment 1992 (the Enactment} does not recognise GID and prescribes it as an offence for any male Muslim Person to wear a woman's attire or to pose as a woman. Those convicted of the offence are liable to a fine not exceeding RM7,000 or to imprisonment for a term not exceeding six ‘months or both. Even though the medical condition suffered by Kamaliah and Adamiah was confirmed by a psychiatrist and a psychologist, both of them have been repeatedly detained, arrested and prosecuted by the religious authority of Negeri Sembilan. Kamaliah and Adamiah seek your advice on the constitutionality of the following issues: a) Kamaliah and Adamiah, along with other GID sufferers, caused to be perpetually at, risk of arrest and prosecution and their right to live with dignity, are directly affected. (6 marks) b) The enactment is discriminatory, oppressive and denies the appellants from the equal protection of the law and equality of gender. The enactment only prohibits male Muslims from cross-dressing or posing as a woman in public whereas there Is no such prohibition against female Muslims from cross-dressing or posing as a man in public, (10 marks) c) The enactment denies Kamaliah and Adamiah and other male Muslim sufferers of GID of their right to freedom of movement and freedom of expression. (14 marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknolog! MARA ‘CONFIDENTIAL CONFIDENTIAL, LWIJUN 2016/LAW437 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE : CONSTITUTIONAL LAWI COURSE CODE : LAW437 EXAMINATION : JUNE 2016 TIME : 3HOURS 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, PART C and any TWO (2) questions in PART B in the ‘Answer Booklet. Start each answer on a new page. 3 Candidates are strongly advised to allocate not more than 60 minutes for answering ‘questions in PART A. 4 Candidates are allowed to bring in the following (unannotated) into the examination hall i) Federal Constitution 6 Do not bring any material into the examination room unless permission is given by the invigilator. 6 Please check to make sure that this examination pack consists of i) the Question Paper ii) an Answer Booklet ~ provided by the Faculty 7. ‘Answer ALL questions in English, 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, 2 LWIJUN 2016/LAW437 PART A QUESTION 1 Are the differences between ‘written’ and ‘unwritten’ constitutions of any significance? Discuss. (6 marks) QUESTION 2 Discuss any four (4) characteristics of a federal form of government. (6 marks) QUESTION 3 What is meant by the concept of judicial review on the grounds of constitutionality? Explain (6 marks) QUESTION 4 Discuss the importance of constitutional conventions in Constitutional law. (6 marks) QUESTION 5 Compare three (3) different features of a responsible government with that of an independent government. (6 marks) (© Hak Cipta Universiti Teknologi MARA, CONFIDENTIAL, CONFIDENTIAL 3 LWIJUN 2016/LAW437 PARTB. QUESTION 1 Examine the extent to which the Federal Constitution embodies the doctrine of separation of powers. (20 marks) QUESTION 2 ‘In Malaysia, supremacy of the Constitution is merely notional. I s a legal mirage and a legal myth’ To what extent do you agree with this statement? Examine and substantiate your answer with decided cases. (20 marks) QUESTION 3 "The object of any modern Constitution is to protect its citizens against arbitrary and unlawful arrest. The right to life and personal liberty is so fundamental in any civil society that it must be guaranteed’ To what extent does the Federal Constitution provide safeguards for the right to life and personal liberty? Discuss with reference to case law. (20 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL, 4 LWIJUN 2016/LAW437 PART C QUESTION 1 In February 2016, Za Publications Sdn Bhd, a publishing company, published a book ‘Cinta, Hidup dan Kebebasan’, the Malay translation of a book titled ‘Love, Live and Liberty’ written by a Canadian author, Ichad Manja.On 1st March 2016, the Enforcement Division of the Selangor Islamic Affairs Department raided Za Publications’s office and consficated 180 copies of the book on the commission of an offence under section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 (‘the impunged section’). The impugned section reads as follows: Section 16 Religious publications contrary to Istamic law. (1) Any person who a) prints, publishes, produces, records or disseminates in any manner any book or document or any other form of record containing anything which is contrary to Islamic law, or b) has in his possession any such book, document or other form of record for sale or for the purpose of otherwise disseminating it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both Consequently, on 1st April 2016, Hilman, the director of Za Publications was charged before the Syariah Court Selangor under the impunged section. Hilman was convicted of the offence and wishes to appeal. Hilman was not happy with the situation and updated his status on his Facebook and Twitter accounts. Hilman critised the government for the action. Hilman received many responses to his posting. On 1st May 2016, Hilman was apprehended by the Shah Alam police. He was questioned and detained in a remand centre. He asked for the reasons for his arrest and was informed by the arresting officer that he was being arrested for ‘his seditious statement against the government’. Hilman requested to see a lawyer but that request was denied. He was produced before a Magistrate's Court on 3° May 2016 at 4.30 pm and charged with seditious offences Analyse the above situation. Hilman seeks your advice on the following issues: a) Were Hilman's constitutional rights infringed? (20 marks) b) Is section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 constitutional? (10 marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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