Discuss The Extent To Which English Law Is
Discuss The Extent To Which English Law Is
The case discussed the problem in determining competency of legislative bodies when a
law passed seem to fall both Federal and State Legislative Power
The court held that it is a law on the subject of religion with respect to which only the states
have power to legislate under Article 74 and 77 of Federal Constitution.
Section 298A of the Penal Code is a law with respect to which Parliament has no power to
make law and that section 298A of the Penal Code is invalid and therefore null and void
and of no effect.
The City Council of GeorgeTown v The Government of
The State of Penang
• The Municipal (Amendment) (Penang) Enactment 1966 was declared void by virtue of
Article 75 of FC on the ground that it is inconsistent with Local Elections Act 1960.
Conclusion
Parliament is not supreme , its legislative powers
are limited and controlled by the constitution
.However when there is a clash in between an act
of parliament and state enactment , an act of
parliament would prevail in accordance with
Article 75 of FC.