QUESTION 1

Tan Sri Leon was appointed as the Chairman of the Human Rights Commission (Suhakam) in April 2020. Few non-governmental organisations accepted the news with great pleasure and looking forward for a better practice of constitutionalism in Malaysia. Persatuan Hak Orang Malaysia (Perhom) (a fictitious society) highlighted the balance between idealism and realism in restructuring a country and provided the following discussion:

A Constitution is not just a legal document. It is linked with philosophy and politics.It has as its backdrop the panorama of history, geography, economics and culture. A Constitution is the vehicle of the community's legal and social life.

A Constitution mirrors societal realities: More than other fields of law, a Constitution reflects the dreams, demands, values and vulnerabilities of the body-politic. A Constitution that will endure must not depart too far from the values and spirit of the people and the social and economic needs of society.

A Constitution balances stability with change: A Constitution must contain within it seeds of change for a just, new social order. It must balance continuity and stability with the need for social change. (Shad Saleem Faruqi, Our Constitution - Our Document of Destiny, 2019)

Tan Sri Leon asks your expert advice on the above matter in addressing the following issues:

(a)What are four (4) main constitutional basic features or characters that require amendments, changes, or replacement with new provisions in reshaping Malaysia? Why?

(b)How adoption of theory of constitutionalism able to improve the decision of the Executive, Legislature and Judiciary in Malaysia? (Discussion must be based on one chosen theory only)

Discuss the above issues in assisting Tan Sri Leon to answer the concerns by Perhom. Tan Sri Leon wishes to later submit a complete report to the Prime Minister on proposed plan of actions to improve the current political and constitutional positions. Support your answer with legal provisions, decided cases, current incident(s) and example(s) (if any).