Kuala Lampur, June 4 -- In the case of Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia, Tan Sri Dato' Hj Mahiaddin bin Mohd Yasin & Anor [2024], the Malaysian Bar (Bar) applied to the High Court (HC) to refer no less than 27 constitutional questions to the Federal Court pursuant to Article 128 of the Federal Constitution (FC) and/or Section 84 of the Courts of Judicature Act 1964 (CJA).

The HC dismissed the reference application, essentially on the ground that the questions raised were not constitutional questions that fell exclusively within the jurisdiction of the Federal Court alone to answer. Aggrieved by the decision, the Bar appealed to the Court of Appeal (COA).

Having heard the appeal, the COA affirmed the decisi...