Statement dated 8 May 2017
The Malaysian Bar hails the landmark judgment by the Federal Court in Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another [2017] 1 LNS 496, dated 20 April 2017. The Federal Court unanimously held that Parliament does not have the power to amend the Federal Constitution to the effect of undermining the doctrine of separation of powers and the independence of the Judiciary, despite the amendment to Article 121(1) of the Federal Constitution (“Article 121(1)”) in 1988.
Article 121(1) had been amended to remove the words “the judicial power of the Federation shall be vested in two High Courts”, thus deleting the provision that the judicial power of the Federation vested in the Judiciary. Instead, the amended Article 121(1) stipulates that “the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law”.
