Ah Thian V Government Of Malaysia
28 may 1976 suffian lp catchwords.
Ah thian v government of malaysia. Constitutional law application to declare law invalid on ground of inconsistency with constitution power may be. The fc supreme law of the federation fundamental law of the land. Page 3 of 3 ah thian v government of malaysia. Ah thian v govt of malaysia the judge held that.
It follows that the powers of parliament and state legislatures in malaysia are limited by the federal constitution and those. Ah thian v gov of malaysia supremacy of parliament x apply m sia has written constitution power of parliament sla in m sia limited by constitution x make any law as they please. Ah thian v government of malaysia. 1976 2 malayan law journal 112.
Here we have a written constitution the power of parliament and of state legislature in malaysia is limited by the constitution and they cannot make any law they please the supremacy of the fc is set out in articles 4 1 and 162 6 and section 73 of the malaysia act 1963. 3 of 250 documents 2003 lexisnexis asia a division of reed elsevier s pte ltd the malayan law journal ah thian v government of malaysia 1976 2 mlj 112 federal court criminal application no 3 of 1976 fc kuala lumpur decided date 1. This is to ensure that no adverse ruling is made without giving the relevant government an opportunity to argue to the contrary. Government of malaysia 1976 the apex malaysian court had already declared that the doctrine of parliamentary supremacy as practised in the uk does not apply in malaysia because of the existence and supremacy of the malaysian written constitution.