Question
Gopal Sri Ram JCA, in the case of REPCO HOLDINGS BHD. v. PUBLIC PROSECUTOR [1997] 3 MLJ 681 held that: ...Our Federal Constitution is a
Gopal Sri Ram JCA, in the case of REPCO HOLDINGS BHD. v. PUBLIC PROSECUTOR [1997] 3 MLJ 681 held that:
...Our Federal Constitution is a living document written for all time. Its language compresses within it ideas that are manifold and concepts that are multifaceted. The task of the judicial interpreter of such a document is not to place it in a coffin and nail the lid but to breathe life into it and to give effect to the full breadth and width of its great language.
There is no doubt a presumption, even a strong presumption, that an Act of Parliament is constitutional. It would require much conviction to strike down a solemn act of legislation by a democratically elected parliament. Nevertheless, once it has been amply demonstrated, as has been done in the present case, that an Act of Parliament contains provisions that are direct conflict with the supreme law, it is the duty of this court to say so clearly and unequivocally.
Critically discuss above statement.
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