JULY 8 — Unconstitutional, in the Malaysian context, means contrary to or not in accordance with the Federal Constitution.
The Federal Constitution is the supreme law of the land. Supremacy means all laws made and all acts of government cannot be contrary to the Constitution.
Even the courts cannot decide contrary to the Constitution.
Accordingly no act, be it executive, legislative, judicial or quasi-judicial, can stand if contrary to the Constitution.
As a constitutional scholar puts it, the Constitution conditions the whole governmental process in the country.
The Constitution, however, singles out the courts or judiciary as its guardian — that is, to see that the provisions of the Constitution are not violated by any branch of the government.
The court can declare a government’s act as unconstitutional or contrary to the Constitution.
It is the function and duty of the court.
So, after the public airing of his view that promoting a multiracial Malaysia is unconstitutional, Dr Mahathir Mohamad should take it before the court.
Let the court hear it.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
