Judicial power must have limits to prevent abuse, says former Chief Justice

Former Chief Justice Tun Tengku Maimun Tuan Mat has asserted that all legal powers must be confined by clear limits to prevent arbitrary discretion and subsequent abuse. Speaking at a distinguished lecture at Universiti Kebangsaan Malaysia, she emphasized that individuals in statutory positions are bound to exercise their jurisdiction strictly within legal guidelines.

Tengku Maimun clarified that discretionary power is not a license for absolute freedom. "If discretion is used to justify unreasonable actions or for purposes other than intended, then it is no longer discretion, but abuse of power," she stated. This principle, she noted, is reflected in judicial decisions that define the jurisdictional boundaries of legislative bodies.

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Every legal power must have limits. Someone holding any office created by statute is only entitled to exercise jurisdiction according to legal guidelines.

A prominent example she highlighted was the Federal Court's February 9, 2024, ruling in the case of Nik Elin Zurina Nik Abdul Rashid and the Kelantan State Government. In this instance, the court declared 16 provisions of the Kelantan Syariah Criminal Code 2019 invalid. The court found that the Kelantan State Legislature had overstepped its authority by enacting criminal laws that, under the Federal Constitution, fall under the exclusive purview of Parliament.

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If discretion is used to justify unreasonable actions or for purposes other than intended, then it is no longer discretion, but abuse of power.

She stressed that this decision was not an attack on the sanctity of Islam or an attempt to undermine the Syariah court, countering what she described as "false narratives" spread by certain parties. "The Nik Elin case decision was based on the principle of competency challenge. In this case, the Kelantan State Legislative Assembly was found to have exceeded its jurisdiction by enacting general criminal laws, which, under the Constitution, exclusively fall under the jurisdiction of Parliament. The court merely acted as an umpire correcting these jurisdictional boundaries," she explained.

The ruling, made by a majority of eight out of nine judges, underscores the constitutional framework where legislative power is subject to defined boundaries. The case primarily concerned the competence of the state legislature, not the status of Islam or the existence of the Syariah Court, reinforcing the principle that even legislative power is not absolute.

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The decision in the Nik Elin case was based on the principle of competency challenge. In this case, the Kelantan State Legislative Assembly was found to have exceeded its jurisdiction by enacting general criminal laws, which, under the Constitution, exclusively fall under the jurisdiction of Parliament. The court merely acted as an umpire correcting these jurisdictional boundaries.