LETTERS: The government might want to set up a Royal Commission of Inquiry (RCI) to determine why states fail to abide by the allocation of legislative powers provided by the Federal Constitution.
After more than 60 years gaining our independence and upholding the Federal Constitution, everyone, particularly the legislative members, should be aware of all the details provided by the Constitution.
But the recent Federal Court decision over the Kelantan Syariah Criminal Enactment showed that's not the case. On Feb 9, the Federal Court, in an 8-1 majority decision, struck down 16 out of 18 provisions under the Kelantan Syariah criminal enactment as unconstitutional.
Aren't the legislators aware of the rights and powers given to them under the Federal Constitution? Should we introduce a mandatory course for legislators to undergo a study on Federal Constitution in detail?
The Federal Constitution is the highest and supreme law in the country, meaning all laws which been regulated in the country — whether at federal or state level — must not go against whatever has been stated by the Federal Constitution.
The supremacy of the Constitution is stated under Article 4 (1) of the Federal Constitution, which states that "The Constitution is the supreme law of the Federation and any law which is passed after Merdeka Day (Aug 31, 1957) which is inconsistent with the Constitution shall to the extent of the inconsistency be void".
All state governments need to revisit and examine state laws to ensure they are in line with the Federal Constitution.
Through the RCI, experts can be called up to analyse issues and problems, as well as to identify solutions.
In Malaysia, an RCI is regulated under the Commissions of Enquiry Act 1950 [Act 119].
DR MUZAFFAR SYAH MALLOW
Associate professor
Faculty of Syariah and Laws
Universiti Sains Islam Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times