Deol & Gill

19 March 2019

The Federal Court of Malaysia, in a judicial review appeal, decided that:

judicial power is vested exclusively in the civil High Courts;
judicial power, in particular the power of judicial review, is an essential feature of the basic structure of the Federal Constitution;
features in the basic structure of the Federal Constitution cannot be abrogated by Parliament by way of constitutional amendment; and
judicial power may not be removed from the High Court.

Read the Federal Court’s Grounds of Judgment dated 29 January 2018.

19 March 2019

The Federal Court of Malaysia, in a land acquisition appeal, decided that:

the power to award compensation in land reference proceedings is a judicial power vested in the High Court Judge sitting in the land reference court;
Section 40D of the Land Acquisition Act 1960 is ultra vires the Federal Constitution and struck down; and
the Federal Constitution vests judicial power of the courts exclusively in the judiciary.

Read the Federal Court’s Grounds of Judgment dated 20 April 2017.

10 April 2019

The Federal Court of Malaysia, in a historic nine-member bench, in a narrow five-four majority, decided that:

The rulings of the Bank Negara Malaysia’s Shariah Advisory Council (SAC) does not amount to a judicial decision and constitute an expert opinion in matters pertaining to Islamic finance
A matter could be referred to the SAC to ascertain the Islamic law for Islamic banking
The final decision on the matter remains with the court

Read the Federal Court’s Judgments (i.e. 2 majority-2 minority) dated 10 April 2019.