Malaysia - Death of a Separate Constitutional Judicial Power

This article examines the position of the separation of powers doctrine within the Federal Constitution of Malaysia and in particular, the position of 'the judicial power of the Federation' before and after the 1988 constitutional amendment to Article 121. Through textual analysis and a review of the extant case law, conclusions are offered regarding the manner in which the separation doctrine is incorporated within the Constitution and whether its principles may apply with implicit constitutional force, the efficacy of the 1988 amendment to effect substantive constitutional change, and whether 'the judicial power of the Federation' remains exclusively vested in the courts established under Article 121. The Federal Court's decision in Public Prosecutor v. Kok Wah Kuan [2008] 1 M.L.J. 1 is discussed.