UNIVERSITI MALAYA

EXAMINATION FOR THE DEGREE OF MASTER OF LAWS

ACADEMIC SESSION 2020/2021: SEMESTER 2

LQA 7008: Advanced Administrative Law: Constitutional Review

July 08, 2021 (0900 hours) to July 10, 2021 (0900 hours) Time: 48 hours

INSTRUCTIONS TO CANDIDATES:

This question paper consists of TWO Parts – Part A and Part B.

Answer ONE question from Part A and ONE question from Part B.

The examination is from Thursday 08 July 2021 to Saturday 10 July 2021.

This is a 48-hour examination.

Candidates are advised to use the first 47 hours to complete their answers in
the required format. Candidates are to use the remaining one hour to resolve
connectivity issues (if any).

Each answer must be between 2,500 to 3,000 words.

Candidates must email their answers to profshadLQA70082021@gmail.com

before 0900 hours on Saturday 10 July 2021. Candidates must also submit their
answers through SPeCTRUM before 0900 hours on Saturday 10 July 2021.

Candidates may refer to books, articles, notes, statutes, case reports and slides
but they are NOT allowed to copy word for word from these sources.

Candidates are NOT allowed to discuss or share their answers during the
examination. If this is proven, it will constitute as CHEATING and will result in
disciplinary action.

(This question paper consists of 4 questions on 2 printed pages)

 LQA7008

PART A

ANSWER ONE QUESTION ONLY

1. To what extent have Malaysian courts enforced the stirring declaration in Article
4(1) of the Federal Constitution that “This Constitution is the supreme law of the
Federation and any law passed after Merdeka Day which is inconsistent with this
Constitution shall, to the extent of the inconsistency, be void”.

Choose any ONE (1) broad area of the Federal Constitution for your critical
review.

(50 marks)

2. The Malaysian judiciary stands between two alluring shores - constitutional

supremacy on one side and supremacy of the Syariah on the other.

How are the civil courts coping with the competing push and pull factors?

Discuss.

(50 marks)

PART B

ANSWER ONE QUESTION ONLY

3. Vast empires of executive power have been created in the modern State. What
principles are utilized by the courts to control the engines of authority and to
infuse ideals of fair procedure and just results in administrative decision-
making?

Give a critical and comparative overview of the principles of judicial review in

administrative law.

(50 marks)

4. Despite many celebrated principles and methods of judicial review, the scrutiny
of executive and legislative actions by the courts suffers from many crippling
statutory and self-imposed limitations.

Do you agree with this view of the effectiveness of judicial review?

(50 marks)

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