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CONFIDENTIAL LW APR2010 LAW 437

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

COURSECOURSE CODEEXAMINATIONTIME

CONSTITUTIONAL LAW 1LAW437APR IL 20103 HOURS

INSTRUCTIONS TO CANDIDATES

1 . This question paper consists of THR EE (3) parts : PART A (5 Questions)PART B (3 Questions)PART C (1 Question)2. Answer ALL questions in PART A and PART C, and any TW O (2) questions in PART B inthe Answer Booklet. Start each answer on a new page.3. Candidates are strongly advised to allocate not more than 60 minutes for answeringquestions in PART A.4. Candidates are allowed to bring the following into the exam ination hall:(i) An unannotated copy of the Federal Constitution.5. Please check to make sure that this examination pack consists of:(i) the Ques tion Paper(ii) an Answ er Booklet - provided by the Faculty

DO NOT TURN THIS P GEUNT LYOU RE TOLD TO DO SOThis examination paper consists of printed pages Hak Cipta Universiti Teknologi MARA C O N F ID E N T IA L

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CONFIDENTIAL 2 LW/APR 2010/LAW437

PART AQUESTION 1The Malaysian Constitution provides for a parliamentary governm ent.Explain.

(6 marks)

QUESTION 2State three (3) distinctions between law and convention. (6 marks)

QUESTION 3What are the grounds on which habeas corpus may be refused? (6 marks)

QUESTION 4Briefly explain three (3) federal features in the Malaysian Constitution. (6 marks)

QUESTION 5What are the safeguards for freedom of speech in Malaysia? (6 marks)

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CONFIDENTIAL 3 LW APR2010 LAW437

PARTBQUESTION 1State your views as to whether Article 3 of the Federal Constitution implies that Malaysia isan Islamic state . (20 marks)

QUESTION 2Examine the extent to which the Federal Constitution embodies the doctrine of separation ofpowers. (20 marks)

QUESTION 3Discuss critically the constitutional significance of any ONE (1) of the following decidedcases:-a) Surinder Singh Kanda v Governm ent of Malaya [1962] 1 MLJ 169. (20 marks)b) Subash ini a p Rajasingam v Saravanan a a I Thanga thoray [2008] 2 MLJ 147.

(20 marks)c) Urn Guan Eng v PP [1988] 3 MLJ 14. (20 marks)

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CONFIDENTIAL 4 LW/APR 2010/LAW437

PARTCQUESTION 1Tengku Amirul Hisyam of Negeri Zamzam was arrested under Section 376 of the PenalCode for the offence of rape of a m inor aged 1 5 years. He argued tha t the act was done withconsent of the minor. After some investigations against Tengku Amirul Hisyam, he wasreleased from custody. The police claimed that they did not have any clear evidence againsthim to charge him of the offence. Furthermore, he was preparing for a coronation ceremonyof becoming a Regen t in a few wee ks time.Soon after the coronation, the Regent continued his deprived acts towards women. Thistime, the woman who was with him died because of overdose of illegal drugs. Consequentlythe Regent was aga in asked a few questions by the police and later released . The policeconfirmed that they found no evidence to relate him to the death of the wo ma n. The AttorneyGeneral s chamber was also silent as the Regent was the future king of Neg eri Zam zam.The families of the dead woman and the minor were very furious about the in-action by thepolice. However, they were rem inded by the state authority to keep quiet and to make nonoise about these cases. They were offered huge sums of money to keep silent. As theywere of poor families, they did not reject the money. At the sam e time, they w anted to bringthis matter to court and to get justice for their daughters.These m atters raised the interest of a young and ambitious journalist, Alif. He wrote in thenewspaper and in his personal blog that these cases were unusual as they involved aRoyalty and comm oners. He wrote that by being a Regent, Tengk u Amirul Hisyam was freeto do anything as he pleases. He also mentioned that the Regent will continue his actsforever without stopping as he is from the p alace and a Royal family has its own imm unities.As a result of the reported news, Alif was detained preventively by the Minister of HomeAffairs under the ISA and sent to Kalumpang detention centre. Alif was told that he will bedetained at Kalumpang for the rest of his life. Alif was d evastated by the injustice done tohim. He also expressed fea rs about the fate of the families of the minor and the deadwoman.Discuss all relevant issues pe rtaining to the above case with reference to decided cases andprovisions of the Federal C onstitution. (30 marks)

END OF QUESTION PAPER

Hak Cipta Universi t i Teknologi MARA CONFIDENTIAL