11 Feb 2020
Datuk Seri Anwar Ibrahim 1. Government of Malaysia 2. The National Security Council
- Citation
- 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
- Court
- RS
- Case number
- 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
The Federal Court held that (a) it had jurisdiction to decide the special case transmitted under s84/s85 CJA and Article 128(2); (b) the amendments concerning royal assent (Art 66(4)/(4A)) did not remove royal assent as part of the legislative process and thus did not engage the basic structure doctrine; (c) on pith and substance analysis NSCA 2016 is a law dealing with subversion/national security measures contemplated by Article 149 and therefore required the Article 149(1) recital — absence of that recital renders NSCA 2016 unconstitutional and of no effect; and (d) alternatively, s18 and…