Determination as to the true nature and character of a law must be made by reference to, and be guided by, the Constitution — Hafiz Hassan
OCTOBER 26 — Eight months ago, I shared the Australian experience of conflict between federal and state when both...
In Malaysia, the determination of a law's true nature and character lies within the Constitution, specifically guided by the "pith and substance" test. This concept, borrowed from India and Canada, is used to assess whether the federal or provincial government has exclusive jurisdiction over a particular law. In Malaysia, when a law contains both federal and provincial features, the court must determine which feature is more significant.
If the federal aspect outweighs the provincial aspect, the law falls under exclusive federal jurisdiction. Conversely, if the provincial aspect is more dominant, the law is considered exclusively provincial. This approach acknowledges the complexity of community life and the inherent overlap and ambiguity in federal structures, allowing for flexibility in constitutional interpretation while acknowledging the potential for conflict between federal and provincial powers.
Written by urgent.news from Malay Mail's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
