INTRODUCTION TO CRIMINAL AND CONSTITUTIONAL LAW (PCC0012)

TUTORIAL 10

1. '' ... Since the Constitution exclusively authorizes the Attorney General to conduct prosecutions, it
must follow, as night follows day, that no other authority may be lawfully empowered to exercise that
function...'' per Abdoolcader J in Datuk Harun bin Haji Idris & Ors [1976] 2 MLJ 116.

Discuss the statement above with relevant authorities.

2. Read the news reports below:

(i) Agong has power to dismiss PM, asserts lawyer:
https://www.freemalaysiatoday.com/category/nation/2016/09/29/agong-has-power-to-dismiss-
pm-asserts-lawyer/
(ii) Nazri: Agong doesn’t have constitutional power to remove PM:
https://www.freemalaysiatoday.com/category/nation/2016/09/29/nazri-agong-doesnt-have-
constitutional-power-to-remove-pm/

Based on the news reports, critically discuss whether the YDPA has power to dismiss the Prime
Minister. Support your answer with relevant authorities.

3. The term ‘judicial power’ in Article 121 of the Federal Constitution has been deleted in 1998 as a
consequence of the unconstitutional power vested upon the non-judicial bodies by virtue of the
Criminal Procedure Code.

Discuss the statement above with relevant authorities and explain the impact of such amendment to
current legal framework in Malaysia.