Prime Minister Dr.Mahathir is right when he states that Malaysia is a democracy and that the Constitution is its supreme law. If there is any clash between provisions in the law of any constituent State in Malaysia and the Federal Constitution the latter must prevail. That is a matter of settled law and is unarguable.

At the same time, and due either to omission or compromise by the British colonial authorities when the Malayan Constitution was drafted, no provision seem to have been made with regard to any possible clashes between Federal law and any provision in the State law in constituent States.

Thus it may be that in some such States, for instance Johor, there are state laws which have some bearing on Federal affairs. For example in the matter of appointments to State offices; such as Menteri Besar.

It would be unfortunate if any such anomalies, which the departing British should have corrected, now lead to clashes between the Federal government and elements in an constituent State of  Malaysia. The difficulty lies in the fact that while the Federal Constitution is explicit on the role that State Rulers play in providing the Agong it seems silent on State law generally. This allows the possibility that backward looking elements may seek to disregard Federal primacy by citing State laws. Such activity, if persisted in, could create a dangerous dichotomy between formerly absolute Ruler’s legislation and the principles enshrined in the Constitution

All sensible parties should see those dangers and avoid exacerbating disputes by asserting State legislation in any matter which clashes with democratic principle. To do otherwise can only lead to a dispute in which tradition must be the loser.