other delegation of authority and applies from the necessity of the case to all

Other delegation of authority and applies from the

This preview shows page 21 - 23 out of 26 pages.

other delegation of authority, and applies from the necessity of the case, to all to whom is committed the exercise of powers of Government ." The same distinction is, in my opinion, made clear by the distinction which Atkin L.J. draws in Rex v Electricity Commissioners [1924] 1 KB 171 between the legal authority to determine something and the duty to act pursuant to that authority. I have mentioned this at this stage solely with reference to my valuation of the Attorney-General's submissions. For myself, I consider that one is forced in construing Article 144 to construe it in conjunction with Articles 4, 140, 162 and 176. The interpretation that one reaches considering all of those Articles should then be tested as against the other and not the immediately relevant Articles in which the words, "subject to," appear in order to see how much damage one is forced, if at all, to do to the maxim that one ought to give in the one document or statute the same meaning to the same phrase throughout. Before one can come to any conclusion one has, to my mind, to consider what it is that is being done in the promulgating of a constitution. Before dealing with this, the Attorney-General in his submission suggested to the Court that some assistance in appreciating the historical approach to the problem could be obtained from paragraph [*137] 158 of the Report of the Reid Commission wherein the necessity for the continuance of the powers of the Commissioner of Police is referred to. For myself I prefer to leave the Reid Commission Report out of my
Image of page 21

Subscribe to view the full document.

Page 21 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA considerations because whilst the Report does contain the quotation referred to by the Attorney-General it is equally true that when the Commission came to recommend a draft constitution it agreed on a form providing for a Police Commission of which the Commissioner was only one member out of three. This, in my opinion, completely negatives any value the quotation in the Report may have had. It cannot be overlooked as well that what has been described during the hearing as the body of founding fathers of the Constitution has by providing in the actual as opposed to the draft Constitution for a tribunal on which the Commissioner of Police has no voice whatsoever made clear their intention of acting contrary to the Report in this respect. To turn to my appreciation of the position before promulgation, it must, I think, be accepted that any State, sovereign or otherwise, has a constitution of sorts and if it is intended to produce a fresh and new constitution, it must be accepted that the promulgation of a new constitution means the end of any laws existing on the date of promulgation of the new constitution and the cessation in office of and the loss of all powers or functions of officers and tribunals in service prior to the promulgation unless, and to the extent only, those powers are by the new constitution permitted to continue in existence. If the problem is
Image of page 22
Image of page 23
  • Fall '18

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes