Article 4 (1). This 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.
This Article of the Constitution means that any laws that Parliament passes after Merdeka that violates or contradicts the Constitution are null and void. The Internal Security Act would be one such law but since it was passed as an ‘emergency law’ during the Malayan Emergency, then this makes the law valid.
The question, however, is that since the Emergency (war with the Communist Party of Malaya) and the Konfrantasi (with Indonesia) have both ended with the signing of peace treaties, should the Emergency not therefore be lifted? And if it should, then how can Malaysia retain emergency laws like the Internal Security Act?
Will the Emergency continue in Malaysia until the end of time and in that same spirit emergency laws that violate the Constitution continue to operate?
No comments:
Post a Comment