JUDGMENT

Abang Iskandar Abang Hashim PCA:

The Facts And The Antecedent Proceedings

[1] The Malaysian Bar ("the Bar") in this case applied for leave to appeal under s 96 of the Courts of Judicature Act 1964 ("CJA") against the decision of the Court of Appeal ("COA") in affirming the decision of the High Court ("HCT") that dismissed the Bar's application for reference of 27 constitutional questions to the Federal Court pursuant to art 128 of the Federal Constitution ("FC") and/or s 84 of the CJA. The 1st Respondent is the then Prime Minister of Malaysia, and the 2nd Respondent is the Government of Malaysia (collectively as "the Respondents").

[2] The 27 questions can be broadly divided into 6 major categories dealing with:

(i) Constitutionality of art 150 of the FCvis-a-vis the basic structure of the FC;

(ii) Constitutionality of arts 150(6) and (8) of the FCvis-a-visarts 4, 5, 8 and 121 of the FC, and the basic structure of the FC;

(iii) Constitutionality of the various provisions in the promulgated Emergency Ordinances vis-a-vis several Articles in the FC;

(iv) The interpretation of art 150(3) of the FC on the constitutional duty of the Respondents to forthwith advise the Yang di-Pertuan