Malaysian Legal System
lalJURISDICTION OF THE COURT
1.0 INTRODUCTION
The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is, the Federal Court, the Court of Appeal and the High Courts, and in the Subordinate Courts Act 1948 (Act 92) for the subordinate courts that is the Sessions, Magistrate’s and Penghulu’s Courts.
2.0 MALAYSIAN JUDICIAL STRUCTURE
Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts
Federal Court, Special Court, Court of Appeal and High Court
2) Subordinate Courts
Sessions Court, Magistrates' Court and Court for Children
“Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience.”
— Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary —
3.0 THE SUPERIOR COURTS
3.1 THE FEDERAL COURT
The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely : 1) The Privy Council 2) The Supreme Court 3) The High Court Malaya and the High Court Borneo.
The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts.
In 1994, a significant change took place in the Judiciary when Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established.
1.0 INTRODUCTION
The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is, the Federal Court, the Court of Appeal and the High Courts, and in the Subordinate Courts Act 1948 (Act 92) for the subordinate courts that is the Sessions, Magistrate’s and Penghulu’s Courts.
2.0 MALAYSIAN JUDICIAL STRUCTURE
Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts
Federal Court, Special Court, Court of Appeal and High Court
2) Subordinate Courts
Sessions Court, Magistrates' Court and Court for Children
“Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience.”
— Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary —
3.0 THE SUPERIOR COURTS
3.1 THE FEDERAL COURT
The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely : 1) The Privy Council 2) The Supreme Court 3) The High Court Malaya and the High Court Borneo.
The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts.
In 1994, a significant change took place in the Judiciary when Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established.
References: 1- http://www.kehakiman.gov.my/courts/judicialEN.shtml 2- Raw and Kumar, General Principles of The Malaysian Legal System, 2006, International Law Book Services. 3- http://en.wikipedia.org/wiki/Courts_of_Malaysia