Law passed by a legislature – Federal or State – is invalid and void if it has no power to make the law — Hafiz Hassan

In Malaysia, a law passed by a federal or state legislature is deemed invalid if it lacks the power to enact such legislation, according to the Federal Constitution. This conclusion is supported by multiple Court of Appeal decisions, each citing four Federal Court rulings. The key cases involved the constitutionality of laws related to Penang's incorporation process and laws concerning criminal offenses in Selangor and Kelantan.

The Supreme Court, led by Chief Justice Tengku Maimun, ruled that the terms of the Federal Constitution and its founding history clearly assign primary legislative powers to Parliament, except for specific matters where states have legislative authority. The high court emphasized that the Federal Constitution has delineated the legislative competence of the federal Parliament and the State Legislatures, listing the matters each may legislate upon.

Any law passed by either type of legislature that contradicts this constitutional demarcation is considered invalid and void.