Constitutional supremacy and the rule of law: the emergence of constitutional oath doctrine

Ahmad, Muhammad Hassan and Ali Mohamed, Ashgar Ali and Ramalingam, Chithra Latha (2021) Constitutional supremacy and the rule of law: the emergence of constitutional oath doctrine. Malayan Law Journal, 3. Iv. ISSN 0025-1283

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Abstract

The Malaysian legal system has often been mistakenly perceived as following the parliamentary supremacy similar to the United Kingdom (UK). In fact, Malaysia practices constitutional supremacy which is fundamentally different from the UK’s legal system. The Malaysia Federal Constitution requires the judges of the superior courts to take ‘oath of office and allegiance’ before holding the office. On the basis of this, some commentators developed the ‘Constitutional Oath doctrine’ in which the judiciary is entrusted with the supreme policing authority under the Federal Constitution in upholding the rule of law. Accordingly, this article aims at evaluating the development and feasibility of this doctrine in the Malaysian legal system. It is submitted that this doctrine suited well within the Malaysian legal system which practices constitutional supremacy. This doctrine was expounded by Dr. Hamid Sultan, Court of Appeal Judge, which the learned judge has incorporated in more than 40 of his judgements. So far, this doctrine has neither been overruled nor disapproved by the apex court. Besides, it has received numerous positive reviews from both local and foreign prominent constitutional law experts.

Item Type:	Article (Journal)
Additional Information:	2924/90668
Uncontrolled Keywords:	Doctrine of Constitutional Oath, Rule of Law, Constitutional Supremacy, Parliamentary Supremacy
Subjects:	K Law > K Law (General) K Law > K3150 Public law K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	07 Jul 2021 10:18
Last Modified:	07 Jul 2021 10:18
URI:	http://irep.iium.edu.my/id/eprint/90668

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