I am not satisfied yet.

Hello everyone,

Today, it has been about a month we stuck in this education institution called Universiti Kebangsaan Malaysia. Of course, it is not easy for each one of us to make ourselves comfortable here. But, i am strongly believe and hope that all of us especially the first year students in the Faculty of Law will be able to adapt the current challenging situation. I am also believe that all of us will achieve our own success here although we are coming from many different backgrounds.
Despite that, I am really hoping that other students who are not coming from the foundation programme to stop discriminate yourself. When we arrived at this stage, we are actually in the same level. What can I ensure is that all of us will succeed if we are trying our very best. So, to all, do not stop trying and the best situation will be when we are trying together as a team.

Forget about race, forget about any difference between us. I believe all religions will tell us to help each other for a greater good in the future. 1Malaysia will only succeed if we the younger generations apply it. If not, then it will bring nothing other than just a concept.

SEPARATION OF POWERS

As for now, I would like to share an information which we have discussed about it in our class. It is about the separation of powers. As we all know, the separation of powers can be divided into three which are the legislative, executive and judiciary.

Maybe in the class, I didn't manage to explain about it clearly. Because of that, I want to give a clarification to my words before. About the title? Do not take it seriously. I am just purposedly doing that in order to grab some intentions. Actually, what will I am going to say is quite important as it will also relate to our course which are Malaysian Legal System and Constitution. Therefore, I hope that all of you can read and understand about it.

Before, I did say that parliament may enact the law but the judiciary do not bound to follow it. Maybe it will give a controversial debate. But, my point is actually, the legislative may legislate the laws but the judiciary have the jurisdiction to tell whether the laws enacted is valid or not.

Based on Article 128 (1a) of the Federal Constitution ( herein after known as FC ):
The Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction- any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws.

Therefore, on the surface, the Parliament itself cannot easily pass any laws as they prefer, there will a check and balance mechanism apply. Of course, in current situation, we can say that this check and balance mechanism do not really seen to be apply, but still based on the article above, it is clear that the judiciary also has the power to determine whether a law is invalid or not.

Article 127 of FC also lined up the sovereingty of the judiciary branch. Article 127 of FC stated that The conduct of a judge of te Federal Court, the Court of Appeal or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that House, and shall not be discussed in the Legislative Assembly of any State.

This article clearly shown to us that our judiciary branch can have its own stand towards some issue. They have the power and the only thing is that, it is depend to them whether to use the power given appropriately or not...

Hopefully, when we are apart of them, we will try to use the power given as good as we can...
Don't just critics but then we are no difference at all...we must believe in them and assume they have try their very best to promote justice through our legal system...Thank You Sir.

With that, I rest my case...Click.

Mohamad Afiq Ammar B Tulos ( A 128281 )