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The Malaysian Constitutional Dilemmas:

1. No Preamble (Fed Constitution).


2. Founding provisions: Part I Inadequate and defective.
3. Part II of the Fed Constitution: Too few fundamental liberties.
Fundamental Liberties. [India & S Africa?]
4. No Directive Principles of State Policy and
Fundamental Duties [Refer to Part IVA and IVB of the
Indian Constitution: The Wish List]
See how the Indian Supreme Court has interpreted
the Directive Principles.
5. No enforcement and remedies provisions in the
Malaysian Fed Constitution.
[See Art. 226 and Art. 32 of the Indian Constitution.
See also Art. 137 of the Indian Constitution.
See further Section 38 of the South African
Constitution.]
6. Art. 121 of the Malaysian Fed Constitution: Judicial Power of the
Federation. [Removed in 1988 from the Fed Constitution. 10 th June
1988. Act A704.]
7. Appointment of judges. [Eshadul Baris LLM Dissertation.]
[Other related problems: Independence of the Judiciary and other
governmental enforcement agencies.]
8. Two or three other dilemmas!
9. To add insult to injury: PU(A) 342/2000: Amendment to Order 53,
Rules of the High Court 1980 in the year 2000. [Wednesbury review
and constitutional review merged in Order 53.]
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