MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS AND ANOTHER APPEAL [2022] 8 CLJ 697
COURT OF APPEAL, PUTRAJAYA
KAMALUDIN MD SAID JCA; AZIZAH NAWAWI JCA; S NANTHA BALAN JCA
[CIVIL APPEAL NOS: W-01(A)-273-06-2020 & W-01(NCvC)(A)-531-09-2021]
09 AUGUST 2022
Parliament must take the necessary measure to ensure that any amendment to the Federal Constitution ('FC') must not result in a new Constitution, especially with regard to fundamental provision; likewise, the court is bound by the enacted laws and must strive to give effect to the intention of Parliament in enacting the laws. Hence, to declare the word 'father' in s. 1(b) Part II of Second Schedule of the FC to include 'mother' would mean to rewrite the FC and the courts must forbid itself from such an interpretation of the law.
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