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THERE were no less than 59 mentions of the word “convention” in the constitutional case of the menteri besar of Perak (2009) in the Court of Appeal’s judgment.
Given that Malaysia has a written constitution, the three appellate judges had to apply their minds to the position of constitutional conventions in the country. That the federal constitution has its own peculiarities is something that was not lost on Zainun Ali JCA (as she then was), one of the three judges. His Ladyship said:
“Federal Constitution … has its own peculiarities. [It] is embodied in one document and gathers unto itself various sources of law, some of which are implicit. The unique presence of the written law, shot through with informal and unwritten sources in the form of conventions, prerogatives, discretionary and residual powers as such, help ensure the continuation of constitutionalism and the rule of law. Thus, the sources of law in our constitution are several. Article 160(1) of the federal constitution says it all. Law includes written law, the common law, insofar as it is in operation in the federation or any part thereof, and any custom or usage having the force of law in the federation or any part thereof.”