Sunday, August 21, 2011

judiciary system in malaysia

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Introduction


Malaysia is a Federal Constitutional Monarchy with a non involvement in political head of state known as the Yang di-Pertuan Agong and each member state has its own legislature. Sabah and Sarawak even have their own immigration laws whereas a passport is needed when travelling between East Malaysia and Peninsular Malaysia.


Malaysia being an Independent country since its proclamation on the 1st August 157 by our late Prime Minister Tunku Abdul Rahman is now practicing a legal system based on written and unwritten laws. The Written law is the Federal Constitutions of the 1 states consists of the Federation, Legislation enacted by the Parliament and State Assemblies and Delegated Legislation made by bodies under Acts of Parliament. The Unwritten Laws is the principles of English Common Law adapted to local circumstances, case law, and local customary law.


But the Muslim law is applicable only to Muslim population and administered by the Syariah High Court such as in Malacca Syariah High Court.


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When comes to the Judiciary System, the Malaysia Constitution provides by the Legislative, the Executive and the Judiciary whereas the Federal Constitution judicial power in the Federation is vested on High Courts of Coordinate Jurisdiction are the High Court of Malaya and the High Court of Borneo in Sabah and Sarawak.


The Supreme Court in the country is the Federal Court principally registry in Kuala Lumpur and the head of the Judiciary is the Chief Justice or called the Lord President of the Federal Court. The lowest court in West Malaysia is the Penghulus Court who is appointed by the State Government while the Subordinate Courts include are the Juvenile Courts, Magistrates Courts, and the Sessions Courts.


The courts can pronounce on the legality or validity of otherwise of any law passed by Parliament for any provision of the constitution.


For the Status of the court, the Federal Court of Malaysia is the highest judicial authority and the final court of appeal in Malaysia and the judicial system in Malaysia consisting of the Superior Courts and the Subordinate Courts.


The first Federal Court in Malaysia that one easily can find today is situated in the Sultan Abdul Samad building because it is one of Malaysia’s heritage buildings and a famous and historic landmark in the Federal Capital of Kuala Lumpur. It also plays an important role during Malaysias Independence Day celebrations where a march past of uniformed troops, government and semi-government bodies, private sector and students march pass His Majesty the Yang di-Pertuan Agong, ministers and both overseas and local dignitaries.





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