LAW 437 Constitutional Law Case Review Assignment Questions

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• Number of Words: 3500

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Please Answer All Three Questions on Cases

Q CASE 1

Discuss critically the constitutional impact and significance of the following decided cases with special emphasis on the freedom of speech and expression:

Mohd Fahmi Reza bin Mohd Zarin lwn Pendakwa Raya (Mohd Radzi PK) [2020] 7 MLJ399

Q CASE 2

Discuss critically the constitutional impact and significance of the following decided case with special emphasis on the judicial power and doctrine of separation of powers:

Rovin Joty Kodeeswaran v. Lembaga Pencegahan Jenayah & Ors And Other Appeals [2021] 4 CLJ 1/ [2021] MLJU 196

Q CASE 3

Discuss critically the constitutional impact and significance of the following decided case with special emphasis on the constitutional rights and judicial power:

Zaidi Kanapiah v. Asp Khairul Fairoz Rodzuan & Ors and Other Appeals [2021] 5 CLJ 581

Allocation of marks are based on:

1.    Heading:

First, write the case name, the court that issued the decision, and the year of the decision (citation of the case).

2.    Facts & Court Decision:

Summarise in your own words the essential facts that initially led to the legal conflict. Summarise the court decision.

3.    Constitutional Issues:

State the constitutional issues raised. It should start with the word ‘whether…..?’(not

more than 3 issues). You may rephrase the relevant issue stated in the case.

4.     Grounds of Judgment –

Court decision on each issue (main content: expectation more than 2 pages for each case)

The court’s decision on each issue. State the disposition/nature of the case and summarise the court’s rationale for its ruling. This is the heart of your answer, you must accurately and concisely explain why the court arrived at its decision. Please include the relevant law/test/ case/ rule/ doctrine/ provision that the court cited/ applied to arrive at the decision. Your focus is mainly on the constitutional issues, other areas are not relevant to this assignment unless they contributed to the issues at hand. State the name of the judges.

5.     Legal Critique

Case commentary. The significance of the case to constitutional law and jurisprudence in 3-6 paragraphs only. State the legal rule or principle that can be derived from the case to guide future conduct in this area. Discuss your opinion about the case, particularly related to the highlighted issue – freedom of speech/ freedom of religion/ judicial review/ judicial power.

6.      Format

(a) All quotations/paraphrases /reproductions /summarisations /translations must be credited /acknowledged by proper citation/reference to the author. (b) All assignments must consist of the above sub-headings/sub-topics.

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