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LW/OCT 2007/LAW531/327

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

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JURISPRUDENCE I LAW531/327 OCTOBER 2007 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of three (3) parts : PART A (5 Questions) PART B (3 Questions) PART C (1 Question)

2.

Answer ALL questions in PART A and PART C and any two (2) questions in PART B in the Answer Booklet. Start each answer on a new page. Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A. Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: i) the Question Paper ii) an answer booklet - provided by the Faculty

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DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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LW/OCT 2007/LAW531/327

PART A QUESTION 1 Comment on the juristic attitudes embodied in the maxims lex injusta non est lex and gesetz als gesetz. (6 marks) QUESTION 2 What is the distinction between primary and secondary rules in Hart's theory? (6 marks) QUESTION 3 What does Fuller mean by the concept of "inner morality"? (6 marks) QUESTION 4 Explain the significance of the volksgeist idea in Savigny's theory. (6 marks) QUESTION 5 Lord Devlin in writing about law and morality prescribed "four principles of restraint" for society when it uses law to enforce morals. Comment on these four principles. (6 marks)

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LW/OCT 2007/LAW531/327

PARTB QUESTION 1 Human rights are central to the theory of natural law. Human rights have a place in the writings of even the legal positivists but their approaches on this issue are far apart. Compare and contrast their relative positions on human rights. (20 marks) QUESTION 2 To what extent is Austin's concept of law and sovereignty applicable to the Malaysian constitutional and legal system? Discuss. (20 marks)

QUESTION 3 "The legal system in Malaysia is built on formal, enacted law and legal positivism appears to be the dominant ideology. But now and then, in bits and pieces the approach of natural law finds ready acceptance". To what extent have natural law ideas left an impact on legal development in Malaysia? Discuss. (20 marks)

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CONFIDENTIAL PARTC QUESTION 1

LW/OCT 2007/LAW531/327

The Republic of Kelamkabut has a developed legal system and an independent judiciary and legal profession. Unfortunately, it is suffering from massive shortages of essential commodities and there are widespread public protests against the deteriorating economic situation. One night, the Chief of the Armed Forces leads a bloodless coup d'etat; arrests the Prime Minister and the entire Cabinet; declares Martial Law; repudiates the existing Constitution and enacts Martial Law Ordinance No. 1. Many groups protest against the military take-over. The military junta orders the arrest of hundreds of opposition leaders under Martial Law Ordinance No. 1. Ahmad is arrested under the Ordinance. He is not supplied the grounds of arrest, or allowed to see a lawyer, or produced before a magistrate as was required by the previous Constitution of the country. His wife commences habeas corpus proceedings in the High Court. On behalf of the Chief of the Armed Forces, it is argued in the court that "the revolution creates its own legality and must be judged not by reference to the annulled Constitution but by reference to its own success". Discuss the validity of this argument with reference to the application of the "Kelsenian principles" in revolutionary situations. (30 marks)

END OF QUESTION PAPER

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