Page:Agreement relating to Malaysia (1963).djvu/18

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24
United Nations — Treaty Series
1970


(b) such original or consultative jurisdiction as is specified in Articles 128 and 130.
(3) Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly ; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.
(4) In determining where the principal registry of the High Court in Borneo is to be, the Yang di-Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the Borneo States and the Chief Justice of the High Court.

Jurisdiction of
Federal Court.
(Article 128).

14. (1) The Federal Court shall, to the exclusion of any other court, have jurisdiction to determine—
(a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws ; and
(b) disputes on any other question between States or between the Federation and any State.
(2) Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.
(3) The jurisdiction of the Federal Court to determine appeals from a High Court or a judge thereof shall be such as may be provided by federal law.


Constitution
of Federal Court.
(Article 122)
.

15. (1) The Federal Court shall consist of a president of the Court (to be styled "the Lord President of the Federal Court"), of the Chief Justices of the High Courts and, until Parliament otherwise provides, of two other judges.
(2) A judge of a High Court other than the Chief Justice may sit as a judge of the Federal Court where the Lord President considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the Lord President.
No. 10760