LAW OF CONTRACT

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Questions and Answers

What is the primary definition of the doctrine of ministerial responsibility according to Wade & Bradley?

Ministers are free from accountability if they resign.

Ministers should be responsible only for their departments.

Those who govern should be accountable to those they govern. (correct)

Ministers are accountable solely to the Prime Minister.

Which factor contributes to the diminished ability of a minister to assume responsibility for their department’s actions?

Extended tenures of office for ministers.

The complexity of modern government. (correct)

Increasing transparency in Parliament.

The uniformity in departmental sizes.

How is the resignation of a minister generally viewed within the context of ministerial responsibility?

As insufficiently punitive due to reappointments. (correct)

As a punitive measure for incompetence.

As a significant loss for the Cabinet.

As an act that forces transparency.

What distinguishes collective responsibility in Malaysia from that in England?

It is based on codified law in the constitution. Signup and view all the answers

What role does parliamentary time play in the context of ministerial responsibility?

It is often inadequate for effective government oversight. Signup and view all the answers

In the context of ministerial responsibility, how does the support of the Prime Minister influence a minister’s likelihood of resignation?

It decreases the likelihood of resignation regardless of circumstances. Signup and view all the answers

Which statement accurately reflects the nature of ministerial responsibility in England?

It is governed by established conventions rather than law. Signup and view all the answers

What is a key misunderstanding about the tenure of ministers in relation to accountability?

Short tenures make accountability more challenging. Signup and view all the answers

What do modernists believe about the Constitution's vagueness?

It is intended to permit modern interpretations to override older ones. Signup and view all the answers

According to the liberal approach, how should judges interpret the Constitution?

With a pragmatic approach that reflects contemporary needs. Signup and view all the answers

What is indicated by Woodrow Wilson's perspective on the Constitution?

Its spirit reflects the prevailing values of each age. Signup and view all the answers

What does the presumption approach entail regarding statutes?

There is an assumption that a statute is constitutionally valid unless challenged. Signup and view all the answers

What is a critical aspect of constitutional interpretation according to the document?

It is a matter of constitutional law and judicial practice that needs justification. Signup and view all the answers

What role do courts play in the process of constitutional interpretation?

They need to provide adaptability in their interpretations to meet changing needs. Signup and view all the answers

In the context of constitutional construction, what does the term 'burden of proof' refer to?

The party contesting a statute must show it is unconstitutional. Signup and view all the answers

What is meant by 'constitutional construction' as used in the document?

The process of ensuring that legal decisions are justified by the Constitution. Signup and view all the answers

What is the primary role of the executive organ in government?

To implement government policy Signup and view all the answers

Which principle emphasizes the need for clear demarcation of functions between government branches?

Separation of Powers in a strict sense Signup and view all the answers

Why is overlap between the three organs of the government sometimes permissible?

To prevent abuse of power Signup and view all the answers

In the liberal sense of separation of powers, what condition must be met despite overlaps?

Checks and balances between institutions Signup and view all the answers

Which article discusses the distribution of legislative powers?

Article 73 Signup and view all the answers

What does Article 121 assign to the judiciary?

Power to hear and determine disputes Signup and view all the answers

What concept aims to prevent the monopolization of power within government organs?

Checks and balances Signup and view all the answers

Which dynamics can lead to overlaps between the legislature and the executive?

Shared agency personnel Signup and view all the answers

What does the rule of law emphasize regarding citizens and institutions?

All citizens and institutions are accountable to the same law. Signup and view all the answers

How does the concept of separation of powers differ between Brunei and democratic systems?

Brunei's system does not necessarily encapsulate the concept of separation of powers. Signup and view all the answers

What does Aristotle's maxim regarding the rule of law suggest?

The rule of law is preferable to governance by any single individual. Signup and view all the answers

What role do courts have under the rule of law?

Courts must restrict the interpretation of laws to protect citizens' rights. Signup and view all the answers

Which of the following best describes judicial review according to the rule of law?

It is a process that holds all officials accountable to the law. Signup and view all the answers

What is a critical aspect of laws under the rule of law?

Laws need to advocate for equality irrespective of rank and status. Signup and view all the answers

What is the significance of the case Chai Choon Hon v Ketua Polis?

It illustrated the importance of equality under the law. Signup and view all the answers

Which philosopher popularized the idea of the 'rule of law' in the late 19th century?

Dicey Signup and view all the answers

What is a key concern regarding the independence of the judiciary?

The judiciary's functions depend on resources controlled by the executive. Signup and view all the answers

Which article provides for the appointment of the Attorney General?

Article 145(1) Signup and view all the answers

What ensures the rights of minorities regarding language, religion, and culture?

Minority rights are guaranteed under specific constitutional provisions. Signup and view all the answers

What role does the Reid Commission play in the constitutional amendment process?

It suggests the amendment process should balance difficulty and ease. Signup and view all the answers

How can the Federal Constitution be amended through a simple majority?

In both the Senate and the House of Representatives. Signup and view all the answers

What does the lack of security of tenure for the Attorney General imply?

He can be dismissed without cause by the YDPA. Signup and view all the answers

What is one method of amending the Federal Constitution that requires the consent of the Conference of Rulers?

A two-thirds majority but with the consent of the Conference of Rulers. Signup and view all the answers

What is a potential threat to the judiciary as mentioned in the content?

Financial resources are contingent on the executive's control. Signup and view all the answers

What is the main implication of the basic structure doctrine?

It allows for reasonable amendments as long as the basic structure remains intact. Signup and view all the answers

What role does the Legislative Council play in constitutional amendments according to the doctrine?

It reviews drafts of changes and can suggest amendments within 14 days. Signup and view all the answers

When can His Majesty proceed with the declaration of the Proclamation without amendments?

If no amendments are proposed within 14 days. Signup and view all the answers

What might be the consequence of amending the basic structure of the Constitution?

It would potentially destroy the Constitution itself. Signup and view all the answers

What timeframe is given for the Speaker to submit a report after proposed amendments?

14 days. Signup and view all the answers

What does the basic structure doctrine aim to protect?

The foundational principles of the Constitution. Signup and view all the answers

Does the Constitution explicitly state the provisions considered as essentials?

No, it leaves this determination ambiguous. Signup and view all the answers

What is a notable point of contention regarding the frequency of constitutional amendments?

There is debate on whether frequent amendments are negative. Signup and view all the answers

Study Notes

Sources of Constitutional Law

Sources of constitutional law include legal rules
- The supreme law of the land (federal constitution)
- State constitutions, aligning with the federal constitution
- Legislation enacted by Parliament and state assemblies
- Subsidiary/delegated legislation
- Judicial precedent/case law
Non-legal rules
- Conventions, parliamentary debates, motion and question time
- Customs, royal prerogatives

Ministerial Responsibility

Ministers are responsible for their department's policies and errors
Vicariously responsible for civil servants' actions
Politically responsible for departmental actions
Must answer questions and supply information to Parliament
Resignation may occur if a vote of censure is passed
Ministerial tenure and departmental complexity reduce accountability
Emphasis on collective responsibility for political responsibility

Collective Ministerial Responsibility

Unanimity of government
Responsibility towards Parliament and YDPA
Ministers speak with one voice publicly, and present a united front
Confidentiality is observed in cabinet deliberations
Cabinet must remain in Parliament for public scrutiny

Individual Ministerial Responsibility

Ministers are accountable for department's conduct, actions, and policies
Responsible regardless of direct involvement
Accountability to Parliament and electorate
Divided into two parts
- Policy/administration: Responsible for department's decisions
- Personal conduct: Includes sincerity, honesty, and ethical conduct

Constitutional Interpretation

Interpretation is a judicial function, settling disputes based on constitutional provisions.
Judges adapt static clauses to modern contexts and situations using various interpretation rules.
Different Approaches
- Literal Approach: Finding the original intent from framers, and focusing on the literal meaning.
- Liberal Approach: Acknowledging the dynamic nature of law and interpreting broadly, adapting to current conditions.
- Presumption Approach: Presuming the legality of a statute, placing the burden of proof on showing illegality.

Separation of Powers

Distributes powers among legislative, executive, and judicial branches.
Aims to prevent abuse of power by avoiding its centralization.
Legislative organ
- Creates legislation
- Scrutinizes public expenditure
Executive organ
- Develops and implements policies
- Influences through delegated legislation
Judicial organ
- Interprets and applies the law
Overlaps exist, and are present in membership, functions, and powers.
Separation is imperfect, especially in a Cabinet system.

Protection Against Retrospective Criminal Laws and Repeated Trials

Article 7(1): No person can be punished for an act not unlawful at the time, or receive harsher punishment than established at time of action
Article 7(2): A person cannot be tried again for an offence of which they've been acquitted or convicted, unless the prior conviction/acquittal is invalid.
Exceptions exist, including those related to charges for different offenses, quashing a prior trial, and non-criminal processes.

Attorney-General

Appointed by the YDPA on the Prime Minister's advice.
Legal advisor to the government, acting in court proceedings.
Serves at the pleasure of the YDPA.

Constitutional Amendments

Various methods for amending the Malaysian constitution, including requiring simple majority or two-thirds of the house(s).
Amendments can relate to different sections & contents depending on the clause and/ or type of amendment.
Basic Structure Doctrine: Some protections are implied and should remain in existence and cannot be changed.

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Description

Explore the essential sources of constitutional law and the principles of ministerial responsibility in government. Understand how federal and state constitutions interact, along with the importance of collective responsibility among ministers. Test your knowledge on these key legal concepts!