Ahad, 25 Mac 2018

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Posted by Tukar Tiub pada 11:00:00 PG

1 ulasan:

Hakimi Abdul Jabar berkata...

The Beauty & Efficacy of the Federal Court's Decision in Sivarasa Rasiah v. Badan Peguam Malaysia & Anor [2010] 3 CLJ 507

The Malaysian Apex Court had observed and concluded that Article 14 of the Indian Constitution is the equipollent of our Article 8(1) [para 18 of the judgment].

The Federal Court further observed and declared that the framers of our Constitution (like the framers of the Indian Constitution) derived the equality clause from the Constitution of the Irish Free State [paras 21 & 24 of the judgment].

In Byrne v Ireland [1972] I.R. 274, the Supreme Court of Ireland, the highest judicial authority in the Republic of Ireland decided that “… the Constitution and its form are the creation of the people … it is the people who are paramount and not the State”.

Thus, it must be conclusively submitted that in order for the expressions ‘equality before the law’ and ‘equal protection of laws’ to have meaningful effect in accordance with the Rule Of Law - the Guaranteed Constitutional Rights of the People Must Be Read As Paramount to That of The State.

25 Mac 2018 pada 11:09 PG

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