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February 18, 2006

Set Phasers To Stun

Here's an well-argued piece by former Court of Appeal judge Mahadev Shankar, who says that:

Article 121(1A) can only be left alone as long as it is clearly understood that a matter is only within the jurisdiction of the Syariah Court when all the elements involved, both as to the identity of the parties and the subject matter of the suit, are manifestly within the ambit of its powers and limitations.

The law-givers who have been entrusted with the task of clarifying the law will do well to keep in the forefront of their minds Article 4 of the Constitution:

"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 such inconsistency be void."

Authorititative identification and neutralisation of those laws enacted after Merdeka which are inconsistent with the Constitution are also a part of the process of clarification. [NST]

What the heck does "neutralisation" mean, Datuk?

Posted by aisehman at February 18, 2006 06:53 PM

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