Malaysian Legal System
Model Answer 1
Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context, explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution.
(10 marks)
(This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.)
The phrase, ‘Fundamental Liberties’, refers to certain rights, which may be considered as basic and essential to ensure the freedom of the individual. These rights are stated in the Federal Constitution and are said to be entrenched or enshrined because these rights cannot be altered or taken away altogether unless the Constitution itself is amended. This would be quite difficult as it requires a majority of two thirds of all the members of Parliament.
The main liberties so entrenched in the Federal Constitution are as follows:
1. No person may be deprived of his life or personal liberty except in accordance with the law. This means that the individual cannot be unlawfully imprisoned or put to death. Where the individual is unlawfully detained, he may obtain an order of the court through a writ of ‘habeas corpus’ requiring that he be lawfully charged in court or be released.
2. No person may be subject to slavery or forced labour. However, this is subject to the right of Parliament to make laws providing for compulsory national service.
3. No person can be punished under a law, which was not in force when the alleged crime was committed. Thus, laws against crimes cannot be passed with retrospective effect.
4. A person cannot be tried more than once for the same crime, where he has already been acquitted or convicted earlier. However, this does not apply where a superior court has quashed the earlier proceeding and ordered a re-trial.
5. All persons are equal before the law and entitled to its protection.
6. Citizens cannot be discriminated against in relation to
Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context, explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution.
(10 marks)
(This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.)
The phrase, ‘Fundamental Liberties’, refers to certain rights, which may be considered as basic and essential to ensure the freedom of the individual. These rights are stated in the Federal Constitution and are said to be entrenched or enshrined because these rights cannot be altered or taken away altogether unless the Constitution itself is amended. This would be quite difficult as it requires a majority of two thirds of all the members of Parliament.
The main liberties so entrenched in the Federal Constitution are as follows:
1. No person may be deprived of his life or personal liberty except in accordance with the law. This means that the individual cannot be unlawfully imprisoned or put to death. Where the individual is unlawfully detained, he may obtain an order of the court through a writ of ‘habeas corpus’ requiring that he be lawfully charged in court or be released.
2. No person may be subject to slavery or forced labour. However, this is subject to the right of Parliament to make laws providing for compulsory national service.
3. No person can be punished under a law, which was not in force when the alleged crime was committed. Thus, laws against crimes cannot be passed with retrospective effect.
4. A person cannot be tried more than once for the same crime, where he has already been acquitted or convicted earlier. However, this does not apply where a superior court has quashed the earlier proceeding and ordered a re-trial.
5. All persons are equal before the law and entitled to its protection.
6. Citizens cannot be discriminated against in relation to