Supremacy of The Constitution (1)

Q.
Why it is said that "Constitution supremacy purports to apply in Malaysia'? Does it mean less of supremacy?

A.
In reality, Constitution supremacy is eroded by factors listed below, thus may lead one to believe that instead of The Constitution, it is the Parliament which is sovereign.

  1. The special powers of Parliament to legislate to counter subversion and emergency (the proclamation of which may not be challenged in court) under articles 149 and 150 respectively. Hence, such legislation, with certain specific exceptions, is valid even if inconsistent with the Constitution (including provisions guaranteeing fundamental liberties).
  2. The ease with which constitutional amendments have been achieved since independence (because the government in power has maintained a 2/3 majority in both Houses of Parliament except in the 1969 and more recently the 2008 and 2013 general elections); and
  3. Judicial attitudes in the interpretation of the Constitution.
Ref:
Wan Arfah Hamzah (2009) A First Look at the Malaysian Legal System. Oxford Fajar. Pg: 41.