Cases study for constitution Essays - 1064 Words

[1977] 2 MLJ 187 LOH KOOI CHOON v GOVERNMENT OF MALAYSIA In this case the appellant had been arrested and detained under a warrant issued under the provisions of the Restricted Residence Enactment. The appellant had not been produced before a Magistrate within twenty-four hours of his arrest. He claimed damages but it was held that no action could be brought against the police officer as he was acting in compliance with a warrant issued by a competent authority. The appellant appealed but before the appeal was heard the Federal Constitution was amended by Act A354/76 which provided in effect that Article 5(4) of the Constitution shall not apply to the arrest or detention of any person under the existing law relating to restricted†¦show more content†¦It was argued in this case that the Enactment has no provision: (i) for informing the person concerned of the grounds of his arrest and detention; (ii) for presenting him before a magistrate or for an enquiry at which the detained person could meet the allegations against him; (iii ) for review; (iv) for limitation of the period of detention. Because of these reasons it was submitted that the provisions of the Enactment were inconsistent [*31] with the provisions of articles 5 and 9 of the Constitution [1979] 2 MLJ 33 GOVERNMENT OF MALAYSIA ORS v LOH WAI KONG TheShow MoreRelatedShould The Constitution Be Ratified For The Future?978 Words   |  4 PagesThroughout American history the constitution has been the framework for democracy. Written in 1787, the constitution was a great conception for the thirteen colonies. Now two-hundred and twenty-eight years later the United States is not a county of freedom fighting European-Americans. In this diverse and modern society concerns have come to surface as to whether the constitution should be ratified for the future to come. Ratifying the constitution sounds like a good notion, but is nearly impossibleRead MoreEssay The Australian Constitution1395 Words   |  6 PagesThe Australian Constitution The founding fathers of Australia could never have predicted the society that was to come. However, the constitution- the most important document of the land- stands today with only 8 changes to the words after over 100 years of use. The constitution is not without flaws; the rights outlined in the document are far from clear, which hampers the knowledge of the public about their rights. However, this does not mean that the rights are notRead MoreThe Issue Of The Uk1395 Words   |  6 PagesIt is quite a complicated question whether the UK really has a constitution in its modern sense. Back in the 18th century it was not even a question; the British constitution was recognized and celebrated for its democratic spirit, particularly by French Enlighteners and some of the American Founding Fathers. But since the Americans have decided to write down their principles of government into a document and to call it â€Å"Constitution,† and a lot of other countries, such as the newly-freed Latin AmericanRead MoreAdvantages And Disadvantages Of The Judicial Branch742 Words   |  3 PagesAccording to our Constitution we have three separate branches of government, Executive, Legislative and Judicial. The Framers set each branch to have specific powers and jobs but also to help keep each branch using checks and balances. Our Judicial branch was set up to be independent of the other two branches as the judges in this branch deals with different cases of our government is where it interprets the constitutionality of any laws which are OUR AMERICA’S DEMOCRACY Read MoreThe Declaration Of Independence And The Constitution1330 Words   |  6 PagesSo what is the Constitution, and what is the history of how it became what it is today? First I will discuss what the Constitution is exactly. The Constitution requires the government to protect our rights. It is viewed as a contract, and we the people have our part of the contract, and the government has their part of the contract. We need to hold the government accountable on what they have agreed to do, in securing our rights. The foundation of what led up to the Constitution is the followingRead MoreThe Main Role As Part Of The Constitution1710 Words   |  7 Pages Despite the fact that definition and nature of conventions is uncertain it is obvious that they have a significant role as part of UK constitution. To understand how conventions are sufficient as a sources of the constitution it is necessary to discuss their nature first, then continue with analysis on how they operate from a wider prospective and finally, emphasize their strengths and weaknesses. Constitutional convention is an informal agreement which is not signed or codified by any authorityRead MoreA Landmark Supreme Court Case856 Words   |  4 PagesCourt case is one in which a precedence is set and there is an impact on society. There are many reasons for the importance of landmark cases and the studying of such cases. Some of these reasons are to study how the judicial branch works, try to understand how decisions made in the judicial branch affects laws and everyday life, and predict how current issues and cases will be affected by past decisions (The Judicial Learning Center, 2012). There are many examples of Supreme Court cases that areRead MoreGun Control Laws Limit Violent Crime1385 Words   |  6 Pageslook at the absence of a correlation between strict gun control measures and reducing violent crime rates in US states. It is time to ensure that our Constitution is upheld to protect the ideals of American democracy. The proposal of restricting US citizens f rom purchasing firearms is invalid because they are protected to do so under the Constitution, strict government regulations on other harmful products have not been effective in the past, and the idea that gun control laws limit violent crimeRead MoreJustice Scalia Often Uses The Texualist Approach When Arguing925 Words   |  4 PagesJustice Scalia often uses the texualist approach when arguing for the text of the Constitution, but sometimes, as Scalia would argue, the text isn’t straightforward. In R.A.V v. City of St. Paul, Scalia authored the opinion of the Court, in which he argues that free speech is protected under the Constitution, unless it falls under a very narrow set of exceptions. According to Scalia, some content can â€Å"be regulated because of their constitutionally proscribable contents (obscenity, defamation, etcRead MoreExpanding Powers Of Presidency : The United States Government941 Words   |  4 PagesPLSC 210 11AM Prompt 2 April 11th, 2016 Professor Armitage Expanding Powers of Presidency The President is regarded as the most powerful individual in the United States government nowadays, with powers expressed in the constitution or congressional act, inferred from the constitution, or assumed by himself. While the executive branch appears the most powerful at current times, most framers had thought that legislative branch would possess the most power. In The Federalist No. 51, James Madison expressed