Skip to main content

Limits of Constitutional law: Constitutional law does not extend its provisions to infringements of an individual's legal right by another individual

 Why You Cannot Sue Private Companies for Constitutional Violations in Malaysia

The Federal Constitution serves as a shield against the abuse of power by the government, not private actors. If a private entity breaches your rights, your legal remedy lies in private law—such as contract or tort—rather than public constitutional law.
┌────────────────────────────────────────────────────────┐
│               CONSTITUTIONAL LAW PROTECTION            │
└───────────────────────────┬────────────────────────────┘
                            │
              Is the violating party a State actor?
                            │
            ┌───────────────┴───────────────┐
            ▼                               ▼
         [ YES ]                         [ NO ]
    (Government, Ministry,           (Private Companies,
   Statutory Bodies, etc.)          Individuals, Employers)
            │                               │
            ▼                               ▼
  Constitutional Remedies           Private Law Remedies
   Are Available (e.g.,             (e.g., Breach of Contract,
    Judicial Review)                  Employment Law, Tort)
Key Court Precedents on Vertical Constitutionalism
Malaysian courts consistently uphold the doctrine of "vertical effect," meaning the Constitution governs the relationship between the State and the individual, not "horizontal" relationships between private citizens.
  • Sapura Mohd Noh v. Sentosa Medical Centre Sdn Bhd [2026]: In this recent decision, a private hospital pharmacist challenged her employer's strict Covid-19 workplace safety and vaccination policy. The High Court dismissed her appeal, reiterating that private employment disputes belong in the Industrial Court rather than being framed as constitutional rights violations.
  • Beatrice AT Fernandez v. Sistem Penerbangan Malaysia [2005]: This landmark Federal Court ruling established the foundation for the vertical application of rights. The court ruled that an air stewardess could not invoke Article 8 (equality before the law) against her employer, a commercial airline, because it was a private corporate entity lacking statutory executive authority.
Where to File a Claim: Identifying the Correct Legal Forum
When an individual's legal rights are infringed by a non-governmental entity, selecting the appropriate legal framework is critical for a valid cause of action.
  • Employment Disputes: For issues involving constructive dismissal, wrongful termination, or forced resignation by private employers, employees must file a representation under the Industrial Relations Act through the Malaysian Industrial Relations Department Office.
  • Contractual Breaches: If a private business fails to honor a signed agreement, the aggrieved party must file a civil suit for breach of contract in the Sessions Court or High Court.
  • Tortious Claims: Issues involving civil wrongs such as defamation, negligence, harassment, or trespass committed by private citizens are handled via civil tort litigation.
Summary of Differences: Public Law vs. Private Law
Legal CategoryPublic Law (Constitutional Law)Private Law (Civil Law)
Target PartiesGovernment, Ministries, Executives, State OrgansPrivate Individuals, Corporations, Employers
Governing FrameworkFederal Constitution of MalaysiaContracts, Employment Law, Law of Torts
Typical RemediesDeclarations, Certiorari, MandamusMonetary Damages, Injunctions, Backwages
Primary Court ForumHigh Court (Judicial Review)Sessions Court, High Court, Industrial Court






Popular posts from this blog

What are the available remedies to a purchaser when he is given a defective house out of time by the seller developer?

Late Delivery and Defective Housing: Your Legal Remedies as a Malaysian Homebuyer Buying a home is one of the most significant financial investments you will ever make in Malaysia. It can be incredibly frustrating when a housing developer delivers your property late, only for you to find it riddled with construction defects. If you are facing this situation, you have clear legal protections under Malaysian law. Here is a breakdown of the remedies available to Malaysian homebuyers when a developer delivers a defective house past the agreed deadline. 1. Compensation for Construction Defects When a developer delivers a house with defects (such as cracked walls, leaking pipes, or poor workmanship), they are legally obligated to fix them or compensate you under the standard Sale and Purchase Agreement (SPA) prescribed by the Housing Development (Control and Licensing) Act 1966 (HDA) . In the landmark case of LSSC Development Sdn Bhd v Thomas Iruthayam & Anor [2007] , the Court of Appeal...
Read more

CRIMINAL LAW: After having found prosecution has established a prima facie case, trial Judge has to call accused to enter his defence

Legal Update: Why Malaysian Courts Cannot Evaluate the Insanity Defense at the Prima Facie Stage In Malaysian criminal procedure, the boundary between the prosecution stage and the defense stage is rigid. A critical question often arises in trials involving mental health: Can a trial judge acquit an accused person at the close of the prosecution's case if medical evidence strongly suggests the accused was of unsound mind during the offense? The Federal Court and Court of Appeal have definitively answered no . Evaluating a statutory defense before calling for the defense is a serious error of law. The Binding Precedents: Mohd Rozani and Pang Kar Foong The legal position was firmly clarified by the apex court in PP v. Mohd Rozani Yahaya [2025] 1 MLRA 203 , and subsequently reinforced by the Court of Appeal in Pendakwa Raya v Pang Kar Foong [2026] 4 MLRA 23 . In Pang Kar Foong , the Court of Appeal explicitly noted its binding obligation to follow the Federal Court’s ruling, overtu...
Read more

Check out this exciting new young author

Introducing an emerging literary talent whose work is already making waves in the world of contemporary storytelling. This young author captivates readers with a unique voice, vivid imagination, and a gift for crafting narratives that are both engaging and thought-provoking. Blending creativity with emotional depth, her stories explore themes that resonate across diverse audiences, leaving a lasting impression with each piece. Her growing portfolio showcases a range of genres and styles, revealing a versatility and commitment to the craft that is rare among new writers. With a steadily expanding presence and a passion for connecting with readers, this promising author is one to watch as she continues to refine her artistry and make her mark on the literary landscape: https://themochastories.wordpress.com/2024/04/28/the-ad/ https://themochastories.blogspot.com/ https://themochastories.wixsite.com/mocha
Read more