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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 ...
The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a senior assistant of a primary school. In ruling in his favour, the Court of Appeal held that Articles 5 and 8 of the Constitution , which protect personal liberty and equality under the law, must be read with a liberal and not literal approach. [ 1 ]
The Herald asked the Malaysian High Court to intervene in a court case involving the use of the word Allah by the newspaper. The Archbishop of Kuala Lumpur, Tan Sri Murphy Pakiam, who also acted as the publisher of the Herald, submitted himself as the plaintiff. The application was filed on 22 December 2007.
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The Government of the Federation of Malaya, a previous case dealing with the constitutionality of a law passed before independence. The final decision in Kanda was handed down by the Judicial Committee of the Privy Council , where Lord Denning held that if pre-independence legislation was inconsistent with the Constitution, the provisions of ...