Open AccessShariah Offenses and Fundamental Liberties in Malaysia
Author(s) -
Tengku Ahmad Hazri
Publication year - 2015
Publication title -
islam and civilisational renewal
Language(s) - English
Resource type - Journals
eISSN - 2041-8728
pISSN - 2041-871X
DOI - 10.52282/icr.v6i4.304
Subject(s) - parliament , constitution , law , legislation , political science , doctrine , state (computer science) , supreme court , scope (computer science) , constitution of india , politics , algorithm , computer science , programming language
The debate about the scope of Syariah offences in Malaysia in reality impinges on the pertinent question of the limits to legislation by the state government. Commentators have often noted that since Malaysia does not follow the doctrine of Parliamentary supremacy, the power of Parliament to enact laws is constrained by the Federal Constitution, which declares itself the “supreme law of the Federation”. If Parliament enacts laws contrary to the constitution, the judiciary is empowered and authorized to declare such legislation unconstitutional and hence null and void.