The Federal Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. The validity of any law made by parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or –
If the law was made by parliament, in proceedings between the Federation and one or more States;
If the law was made by the Legislature of a State, in proceedings between the Federation and that State.
The Constitution sets out the fundamental liberties of the individual. Article 5 – Liberty of the person:
No person shall be deprived of his life or personal liberty saves in accordance with law. Article 6 – Slavery and forced labour are prohibited:
No person shall be held in slavery. All forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes. Article 8 – Equity before the law:
All persons are equal before the law and entitled to the equal protection of the law. Article 10 – Freedom of speech, assembly and association:
Every citizen has the right to freedom of speech and expression; assemble peaceably and without arms and form associations. Article 11 – Freedom of religion:
Every person has the right to profess and practise his religion.
There are exceptions to all these rights and liberties of the individual because of history and the uniqueness of the Malaysian situations, i.e. multi-racial population, multi-religions, racial sensitivities of the various races. All these will have to be carefully considered and taken into account.
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