Constitutional interpretation

Masum, Ahmad and Arowosaiye, Yusuf Ibrahim and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2022) Constitutional interpretation. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia, pp. 711-733. ISBN 978-967-270-163-7

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Abstract

One of the prime tasks of a court in any democracy is to interpret the written word of the constitutional document. The Federal Constitution of Malaysia proclaims itself to be the supreme law. Article 4(1) of the Federal Constitution declares the Constitution to be the supreme law, and it is this Article that asserts the supremacy of the Constitution and not the supremacy of Parliament. All laws passed by Parliament or any State Legislature must not be inconsistent with the provisions of the Federal Constitution. The judiciary which is independent from the other branches of Government, is vested with the powers and responsibilities of upholding and interpreting provisions of the constitution. For example, it is for the courts to determine the constitutionality of any law passed by the Legislature by virtue of the powers conferred by Article 4(3) and (4) of the Federal Constitution and to determine whether any law passed by either Parliament or a State Legislature is within the legislative competency of Parliament or the State Legislature concerned to pass. As rules regulating the system of governance, the Constitution is the focal point in resolving disputes regarding the rights and responsibilities of the government and the governed. The courts, in applying the Constitution in resolving contentious disputes, should be able to adopt a correct interpretation of the Constitution. In Malaysia, the role of the courts in interpreting the Constitution and its exercise of power to determine and declare on the validity of any law or executive action and decision taken under any law, was only conferred following the recommendation of the Reid Commission. The Malaysian Constitution that was drafted by the Commission incorporated this recommendation in Articles 4, 128 and 130. These Articles were largely left intact on Malaysia Day, when the Malaysian Constitution came into force. To understand how courts have reached their decisions on constitutional issues, it is crucial to also understand how courts view their tasks vis-à-vis constitutional interpretation. At this juncture, it is important to point out that the superior courts are the ultimate arbiter of disputes between the citizen and the state and between federal and state governments. The courts determine the constitutional validity of executive and legislative acts. They delineate the legal line beyond which the might of the state cannot trump the rights of citizens. In performing these tasks the courts interpret the static clauses of the Constitution. Interpretation is an Article and not a science and is influenced by the judge’s perception of his role at the heart of the legal system.

Item Type:	Book Chapter
Uncontrolled Keywords:	Federal Constitution, Interpretation.
Subjects:	K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	13 Mar 2023 16:15
Last Modified:	13 Mar 2023 16:15
URI:	http://irep.iium.edu.my/id/eprint/103978

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