What principle of law does Malaysia uphold over parliamentary sovereignty?

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Malaysia Upholds Constitutional Supremacy Over Parliamentary Sovereignty

Malaysia adheres to the principle of constitutional supremacy, a legal doctrine that places the Federal Constitution as the supreme law of the land. This contrasts with the doctrine of parliamentary sovereignty, which grants ultimate legal authority to the legislature, as practised in the United Kingdom. The Federal Constitution explicitly states that any law passed after Merdeka Day that contradicts the Constitution is void to the extent of its inconsistency.
The Federal Constitution as Supreme Law

The foundational aspect of Malaysia's legal system is the supremacy of its Federal Constitution. This principle is enshrined in Article 4(1) of the Constitution, which clearly asserts its paramountcy. This means that all legislative enactments, executive actions, and judicial decisions must conform to the provisions laid out in the Federal Constitution.
Contrast with Parliamentary Sovereignty

In contrast to parliamentary sovereignty, where Parliament's laws are considered the highest form of law and cannot be overturned by the courts, Malaysia's constitutional supremacy empowers the Judiciary. The Judiciary's role as the guardian of the Constitution is critical, as it can declare laws or actions invalid if they are found to be inconsistent with the Constitution. This ensures that no branch of government can act beyond the powers granted to it by the Constitution.
Judicial Role in Upholding the Constitution

The Judiciary plays a vital role in safeguarding constitutional supremacy by ensuring that the executive and legislative branches do not exceed their constitutional authority. Former Chief Justice Tun Dr Tengku Maimun Tuan Mat highlighted this, stating that the Judiciary acts as a bulwark, protector, and guardian of the Constitution. This oversight is essential for maintaining the rule of law and protecting the fundamental rights of citizens.

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What principle of law does Malaysia uphold over parliamentary sovereignty?

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