Bar Council: State laws must be consistent with Federal Constitution

  • Nation
  • Sunday, 08 Jun 2014

PETALING JAYA: Any law passed in a state assembly must be consistent with the Federal Constitution, said the Bar Council.

“Any enactment passed cannot be inconsistent with the Federal Constitution, or else it can be challenged as unconstitutional,” said its Constitutional Law Committee chairman Firdaus Husni.

She was commenting on the controversial Johor Housing and Real Property Board Bill 2014, which would provide the Sultan certain powers concerning the board.

It is understood that the Bill empowers the Ruler to appoint board members except for those already specified and to decide on the remuneration for such members.

It is learnt that the Sultan will also have the power to order the investigation into the accounts and businesses of the board.

Firdaus said the role and power of the monarch was derived from the Federal Constitution and he could not exercise his discretion in any manner or area unless permitted by the Constitution.

“This is essentially how a constitutional monarchy differs from an absolute monarchy.

“For example, Article 39 of the Constitution provides that the executive authority of the federation rests with the King but his Majesty generally has to follow the advice of the Prime Minister or the Cabinet,” she said.

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