I welcome everyone to read the Constitution (easily googled online).
However, in our rush & enthusiasm, sometimes it's common to arrive at a wrong/inaccurate interpretation.
Here's a crash course on d basic principles of consti interpretation for d layperson:
However, in our rush & enthusiasm, sometimes it's common to arrive at a wrong/inaccurate interpretation.
Here's a crash course on d basic principles of consti interpretation for d layperson:
1. The Consti must be considered as a whole.
Don't be selective. As far as possible, ALL provisions must be considered to efectuate actual purpose of Consti.
Best eg: YDPA - on surface, he has so many powers in Consti
But read Art 40(1A): YDPA must always act on advice of PM
Don't be selective. As far as possible, ALL provisions must be considered to efectuate actual purpose of Consti.
Best eg: YDPA - on surface, he has so many powers in Consti
But read Art 40(1A): YDPA must always act on advice of PM
2. The Consti is sui generis (unique).
This means ordinary interpretation of statutes can't be used in analysing Consti.
Our 🇲🇾 Consti stands in its own right. We r not bound to follow extraneous principles or interpretation of other countries' Consti.
This means ordinary interpretation of statutes can't be used in analysing Consti.
Our 🇲🇾 Consti stands in its own right. We r not bound to follow extraneous principles or interpretation of other countries' Consti.
3. Adopt a prismatic, not literal, approach
Primarily for fundamental liberties in Art 5-13 (free speech, right to life, etc). Our Consti is a living doc to be construed generously, not pedantically.
Imagine a prism: when light passes, many colours reveal.
Primarily for fundamental liberties in Art 5-13 (free speech, right to life, etc). Our Consti is a living doc to be construed generously, not pedantically.
Imagine a prism: when light passes, many colours reveal.
Eg: right to life doesn't only mean protection of physical human body, but also right to a clean environment.
Right to life can also include a right to livelihood of Orang Asli
Use your creativity.
Right to life can also include a right to livelihood of Orang Asli
Use your creativity.
4. Final tip: many terms r defined & interpretative principles embedded at Art 160 & Eleventh Schedule of Consti.
Eg: Art 153 has quota reservation for "Malays - but no definition of who is a "Malay" in Art 153 itself. But voila, it's defined at Art 160 instead.
Eg: Art 153 has quota reservation for "Malays - but no definition of who is a "Malay" in Art 153 itself. But voila, it's defined at Art 160 instead.
Another eg: PM appoints IGP under Art 140. But nothing on Art 140 which says who can dismiss an IGP. Does it mean PM has no power to dismiss IGP?
Answer lies in Sec 29 of Eleventh Schedule of Consti - power to appoint also includes power to dismiss.
Answer lies in Sec 29 of Eleventh Schedule of Consti - power to appoint also includes power to dismiss.
This is non-exhaustive, of course. Many nuances/authorities across d Commonwealth over hundreds of years shed light on Consti.
But it's a start. No need to feel intimidated. Never hesitate to ask questions.
"Merakyatkan Perlembagaan" - as d @MyConsti slogan goes.
But it's a start. No need to feel intimidated. Never hesitate to ask questions.
"Merakyatkan Perlembagaan" - as d @MyConsti slogan goes.
