We've all heard this before, haven't we???

Constitution born of unique history, says Chief JusticeFriday

June 27, 2008

PUTRAJAYA: The Federal Constitution of Malaysia cannot be compared with theconstitutions of other countries as it had a different and unique historybefore its enactment, said Chief Justice Tun Abdul Hamid Mohamad.

He advised Malaysians not to blindly follow what judges in other countriessaid because in Malaysia, local circumstances, public policy and publicmorality had to be taken into account.

He said outsiders and the younger generation of Malaysians who did notexperience the struggle before independence should not question the fairnessof provisions in the Constitution.

"They only read the cold print with theories and precedents from courts inother countries at the back of their minds and start questioning thefairness of those provisions.

"They compare the Malaysian Constitution with the constitutions of othercountries that do not have such provisions and which declare equality forall and do not contain discretionary provisions," he said.

He added that these groups also failed to realise that in such countries thesettlers, being superior in arms, had wiped out the natives and declaredthemselves equal.

Abdul Hamid said that if the native Indians in the United States were stillthe majority it would be like Malaysia today.

He said amending the Constitution was a matter of policy and Parliament wasfree to amend it so long as procedures were followed.

Abdul Hamid said this before launching Prof Dr Shad Saleem Faruqi's bookDocument of Destiny: The Constitution of the Federation of Malaysiayesterday.