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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 ...
Loh Kooi Choon v Government of Malaysia (1977) 2 MLJ 187 is a case decided in the Federal Court of Malaysia concerning the rights and freedoms guaranteed by the Constitution, and also involving the extent to which Parliament can amend the Constitution. The decision was delivered by Federal Justice Raja Azlan Shah.
Several acts of arson and vandalism have been carried out against churches in Malaysia since the Herald decision on 31 December 2009. The government has responded by increasing security at places of worship and condemning the attacks. The Malaysian opposition has criticised the government's handling of the Herald case and the resulting protests ...
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 ...
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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) 145; The Australian cases of Mabo & Ors v. State of Queensland & Anor [1986] 64 ALR 1, Mabo v. Queensland [1991–1992] 175 CLR 1