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CONFIDENTIAL LW/JAN 2013/LAW437

UNIVERSITI TEKNOLOGI MARA


FINAL EXAMINATION

COURSE CONSTITUTIONAL LAW I


COURSE CODE LAW437
EXAMINATION JANUARY 2013
TIME 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) parts : PART A (5 Questions)


PART B (3 Questions)
PART C (1 Question)

2. Answer ALL questions in PART A, TWO(2) questions in PART B and ONE (1) question in
PART C in the Answer Booklet. Start each answer in a new page.

3. Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.

4. Candidates are allowed to bring in the following into the examination hall:
(i) An unannotated copy of the Federal Constitution.

5. Do not bring any material into the examination room unless permission is given by the
invigilator.

6. Please check to make sure that this examination pack consists of:

i) the Question Paper


ii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO


This examination paper consists of 4 printed pages
© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL
CONFIDENTIAL 2 LW/JAN 2013/LAW437

PART A

QUESTION 1

The difference between a written constitution and unwritten constitution is one of degree, not
of kind. Discuss.
(6 marks)

QUESTION 2

Explain the relationship between the judiciary and executive in light of the doctrine of
separation of powers in Malaysia?.
(6 marks)

QUESTION 3

The Malaysian Constitution provides for a federal system of government. Explain.


(6 marks)

QUESTION 4

Discuss the interrelationship between law and conventions.


(6 marks)

QUESTION 5

Explain the doctrine of severability that operates in the field of constitutional review.
(6 marks)

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


CONFIDENTIAL 3 LW/JAN 2013/LAW437

PARTB

QUESTION 1

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

QUESTION 2

The object of any modern Constitution is to protect its citizens against arbitrary and unlawful
arrests. The right to life and personal liberty is so fundamental in any civil society that it must
be guaranteed.

To what extent does the Federal Constitution provide safeguards for the right to life and
personal liberty? Discuss with reference to case law.
(20 marks)

QUESTION 3

Examine the Federal Constitution as a whole and discuss whether Article 3 of the
Constitution implies that Malaysia is an 'Islamic state'?

(20 marks)

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


CONFIDENTIAL 4 LW/JAN 2013/LAW437

PART C

QUESTION 1

Troy and Hash were arrested at Unit 3-3 Vista Blue Apartments on a suspicion of drug
trafficking under section 39B of the Dangerous Drugs Act 1952. During the raid, the police
discovered 850 grams of heroin, 350 grams of morphine, 500 grams of ecstasy tablets and
equipment suspected of being utilised for drugs processing at the premise. On the following
day, Troy and Hash were brought before the magistrate for obtaining a remand order. A
remand order of 7 days was issued by the magistrate after which Troy and Hash were
released on bail. As Troy and Hash were leaving the court building on a bail, they were
rearrested pursuant to section 3 of the Dangerous Drugs Act 1952 that allows a police
detention for up to 60 days. At the time of the arrest, they were not informed of the grounds
of arrest. Furthermore, while in detention, numerous requests by them to meet their lawyers
were denied on the basis that it would interfere and jeopardise the investigation. The police
had earlier issued a statement that there was no evidence that indicate that Troy and Hash
were involved with any international drug trafficking syndicates. To date, both Troy and Hash
had been in detention for a period of 30 days.
The family members of Troy and Hash concerned with the situation seek your advice on the
following:

i) The constitutional rights to be notified of grounds of arrest and to a legal


representation and whether these rights have been given;
(10 marks)

ii) Whether there is a breach of the constitutional protection against double jeopardy;
(10 marks)

iii) The possibility of obtaining habeas corpus.


(10 marks)

END OF QUESTION PAPER

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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