Gerawat: Federal Court ruling reaffirms supremacy of Federal Constitution

 

A general view of the Federal Court in Putrajaya on Dec 14, 2020. — Photo by Yusof Mat Isa/Malay Mail

MIRI (Feb 22): The Federal Court ruling yesterday that states do not have any constitutional authority to confer any judicial power on any institution including the Syariah Courts, has reaffirmed the supremacy of the Federal Constitution, said Assistant Minister in the Chief Minister’s Department Datuk Gerawat Gala.

He said the decision upholds that the Federal Constitution is the supreme law of Malaysia and that only Parliament is empowered to confer legal and judicial authority on the courts through Act of Parliament.

According to Gerawat, the vested judicial authority in the judiciary headed by the Chief Justice is from the Federal Constitution as the source of judicial authority and supreme law in the Malaysian Federation.

“The Federal Court is the highest court in Malaysia and the decision of the Federal Court is final and binding and must be followed by all the other courts,” he told The Borneo Post in welcoming the landmark ruling.

“That is why the Federal Court ruled that the Selangor state government is not empowered to grant and determine the legal authority and jurisdiction of the Syariah Court.”

In its landmark decision, the Federal Court ruled that the Selangor Legislative Assembly has no authority to make an enactment which confers the state’s Syariah Court the power to review Fatwa issued by the state’s religious authorities.

Bernama reported that a nine-member panel led by Chief Justice Tun Tengku Maimun Tuan Mat, in a unanimous decision, said the court found that Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 was unconstitutional and void as it is a provision that the Selangor Legislative Assembly has no power to make.

Meanwhile, when asked if authority of any laws enacted by Sarawak Legislative Assembly were affected by this ruling, Gerawat said laws of Native Courts in the state were unaffected and remained valid and in force.

“The Federal Constitution provides for the setting up of our Native Courts in Sarawak and authorises the state to empower the Native Courts to have jurisdiction over native laws in Sarawak.

“The Native Court Ordinance sets out the powers and jurisdiction of our Native Court, which is limited to native laws otherwise known as Adat,” he said.

from Borneo Post Online https://ift.tt/NPoCRks
via IFTTT