July 8 – Unconstitutionality, in the Malaysian context, is inconsistent with or absent from the Federal Constitution.
The Federal Constitution is the supreme law of the land. Supremacy means that all laws and all acts of government cannot be unconstitutional.
Even the courts cannot rule against the Constitution.
Accordingly, no act, whether executive, legislative, judicial or quasi-judicial, can be unconstitutional.
As a constitutional scholar says, the constitution stipulates the entire governmental process in the country.
However, the Constitution singles out the courts or the judiciary as its guardian – that is, to ensure that the provisions of the Constitution are not violated by any branch of government.
A court can declare an act of a government unconstitutional or unconstitutional.
It is the function and duty of the court.
So, after publicly airing his view that promoting a multiracial Malaysia is unconstitutional, Dr Mahathir Mohamad should take it to court.
Let the court investigate it.
* It does not necessarily represent the personal opinion and views of the author or publication Malay Mail.
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