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Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional.
The Court of Appeal held that ouster clauses are unconstitutional except in cases of national security (such as those involving the Internal Security Act) or overriding national interest. The preclusion of the right to judicial review was a violation of Article 5 of the Constitution, which was to be read in a broad manner, in line with Tan Tek ...
Lee Kwan Woh v. Public Prosecutor [2009] 5 CLJ 631 was a case heard in the Federal Court of Malaysia.The Federal Court unanimously allowed Lee's appeal against the death sentence because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's behaviour constituted a violation of Article 5 of the Constitution of Malaysia, which provides ...
The Malaysian cases of Adong bin Kuwau & Ors v. Kerajaan Negeri Johor & Anor [1997] 1 MLJ 418 and Kerajaan Negeri Johor & Anor v. Adong bin Kuwau & Ors [1998] 2 CLJ 665; The Malaysian case of Nor Anak Nyawai & Ors v. Borneo Pulp Plantation Sdn. Bhd. & Ors [2001] 2 CLJ 769; The Canadian case of Calder v. A-G of British Columbia [1973] 34 DLR (3d ...
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KUALA LUMPUR (Reuters) -Malaysia's top court on Friday declared unconstitutional more than a dozen Islamic laws enacted by the state of Kelantan, in a landmark decision that could affect similar ...
Johnson Tan Han Seng v. Public Prosecutor [1977] 2 MLJ 66 is a Malaysian case concerning the lapsing of a Proclamation of Emergency by the Yang di-Pertuan Agong (King). The case was heard by the Federal Court, which unanimously held that the question of a Proclamation of Emergency's validity was political, not judicial, and as such the courts had no standing to decide the validity of a state ...
Public Prosecutor v Khong Teng Khen & Anor (1976) 2 MLJ 166 is a case concerning constitutional law in Malaysia.In Khong Teng Khen, it was held by the Federal Court that the Essential (Special Cases) Regulations 1975 (ESCAR) was in line with and valid under the Constitution of Malaysia.