"THE judicial power of the court resides in the judiciary and no one else", resounded the Federal Court through the judgment of Zainun Ali, Federal Court judge, in a recent decision – Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat.
Her Ladyship's dexterous pen deftly demolished the notion – expressed by an earlier majority Federal Court decision – that the jurisdiction and powers of the judiciary could be determined by Parliament.
This, said the court, would suborn the judiciary to Parliament; and by extension, the executive. This would have "the unfortunate effect of allowing the executive a fair amount of influence over the matter of the jurisdiction of the court". For "executive" read "government of the day" – and we see the historic dimension of the judgment.
The judgment struck down an amendment to the Land Acquisition Act (LAA), which gave two lay assessors (non-judges) complete authority to decide on the compensation for a person whose land had been acquired by the government.
One of these assessors must always be a government valuation officer. The judge had no power. If the assessors differed in their assessment, the judge had to choose either one's decision.
credit to: theSundaily
— at Hisham Nazir & Cronies.
Her Ladyship's dexterous pen deftly demolished the notion – expressed by an earlier majority Federal Court decision – that the jurisdiction and powers of the judiciary could be determined by Parliament.
This, said the court, would suborn the judiciary to Parliament; and by extension, the executive. This would have "the unfortunate effect of allowing the executive a fair amount of influence over the matter of the jurisdiction of the court". For "executive" read "government of the day" – and we see the historic dimension of the judgment.
The judgment struck down an amendment to the Land Acquisition Act (LAA), which gave two lay assessors (non-judges) complete authority to decide on the compensation for a person whose land had been acquired by the government.
One of these assessors must always be a government valuation officer. The judge had no power. If the assessors differed in their assessment, the judge had to choose either one's decision.
credit to: theSundaily
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