Decision
Federal Justice Raja Azlan Shah rejected the argument of the appellant, stating that although Article 4(1) declared that any unconstitutional law passed after independence would be void, this did not apply to the Constitution itself — the Constitution could not be internally inconsistent. In his judgement, he stated that law made under ordinary legislative power, and law in the form of Constitutional amendments, were two different things, and as such constitutional amendments were not subject to the inconsistency clause of Article 4(1):
| “ | This reasoning, in my view, is based on the premise that the Constitution as the supreme law, unchangeable by ordinary means, is distinct from ordinary law and as such cannot be inconsistent with itself. | ” |
Read more about this topic: Loh Kooi Choon V. Government Of Malaysia
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