RT STRUCTURE

I\4ALAYSIAhI LEGAL
Topic Outline . Definition of Law
The sources oflaw Organs of the Government related to the Law How are Acts of Parliament made. SYS

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DEFINATION OF LAW

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Salmond * "the body of principles recorrised and appiied by the State in the administration of j ustice" Austin - "is a rule of conduct irnposed and enforced by the sovereign,' Cournoyer, Marshall & Monis - "law consist of ruies enforceabje in courfI renrriri.o ^vYur:,rr< people to meet cenain stand.ards of conduct))

There are various definitions of law, everyone is entitled to their own definition of what they think is law"

SOURCES OF LAW Written Law: . Federal and State Constitution; . Legislation enacted by parliament; r subsidiary legislation (e.g. rules and regulations and Bye-Laws
Unrvritten Law . Principles of English law; . Decisions of superior courts; i Customs accepted as law by courts; and r Muslim Iaw.

ORGANS OF THE GOVERNMEIVT RELATED TO LAW LEGISLATURE

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Iegislature consisting of the Dewan Negara and Dewan Rakyat; and They are given the pou,er of making laws

The most important institution in any democracy. Malaysia has

a bica*eral

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Under the Federal Constitution, the executive power is vested in the yang Di perfuan Agong and is exercisable by him or the cabinet or any Minister. The executive governs the country according to the framework of the Constitution and laws passed by Parliament. Elected representatives charged with the task of administration.

JUDICIARY

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for proieciing and securing inciiviciuai's fundamental iiberties enshrined in the Constitution; Judges appointed to interperate and apply the laws pronounced by the legislative branch of the govemment.

The dnararh,*ahr responsible iiiu ntoan viEfri nf ui +Lo Liie EuvciijjiicliL '^^

HOW ARE ACTS OF PARLIAMEI\IT MADE . Biils are drafts of Acts of parliament r Acts of Parliament are laws made by Parliament. It is also known as statutes. ' Article 66 clause (1) of the Federal Constitution provid,es Parliament with the nower

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to make laws. There are 4 stages a biil undergoes before becoming an Act of parliament.

4 STAGES . FiRST READING - Minister merell, mentions the title of the biil. ' SECOND READING - General principals of the Bill are discussed Q.Jo detailed discussions) ' COMMITTEE STAGE - The House resolves itself into a committee of the whole House in order to allow detailed discussion on the bill and to propose amendments. ' THIRD READING - No further debating but a vote r,vouid be take'-

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The

bill which has gone through

one house than goes

same process.

to the other Flouse throueh the

Once the Bill has gone through both houses, it is than submitted to the Agong for his Roya! Assent. The Agong is given 30 days to allow or return the bill with objecticns When a bill is returned with objections, the bill would go through the 4 stages all over again in both houses. Than the biil would be resent to the glgong fol his Royal Assent. The seconcl time aiound the Ago-ng is again given 3O.{iolillora' the bill, following the expiry of the -30 days, the bill automatically becomes iaw.

rt Structurc
Superior Court

Syariah Cour-t

Juvenile Court

Subordinate Court

COI]RT STRUCTURE

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PENGHULU'S COURT
Presided by a penghulu or Headman Appciated by the State Government Seftles disputes infonnally

Civil jurisdiction for claims not more than RM50. Criminal jurisdiction for offences w-hich can be adequately punished by a fine not exceedins RM25.

MAGISTRATES COIIRT

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1st Class Magistrates Court

Civil Jurisdiction for claims not more than R\425,000 CriminalJurisdiction Try Offences Punishable with imnrisr',rrme.nf nnf more than 10 years. Fine Only.

2nd Ciass Magistrates Court Civil Jurisdiction for claims not more than RM3,000 Criminal Jurisdiction Try Offences Punishable with imorisonmenf nor more than 12 months. Fine Otrly.

SESSIONS COURT
Claims not more than R-1v1250,000.00 Criminal . All offences except those punishable by death

Civil

. Criminal Offenders below i 8 years. . Presided by a 1st Class Magistrates ' Under section a(a) of Juvenile Courts Act i 947, court can try ali offences excepi those punishable by death. . Court closed to members of pubiic. ' if offender is found guilf, he/she will be sent to an institution or school for con ective '
education. Other than homicide, the offender may also be released. on good behavior bond.

JUVENILE COURT

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SYARIAH COURT . Handles family issues under the Muslim Larv

Marriage Children Property

HIGH COIIRT Original Jurisdiction ' Unlimited civil and criminal jurisdiction except for civil

Court;

case heard

by -r the

Federal

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d. appointment & conrol of guardians e. Probate & administration.

c. Bankruptcy & companies;

b. Admiralfy;

Exclusive jurisdiction for (s.24 courts Judicature Acr 1964: a. Divorce & mafrimonial;

of infants aird children.and

Appellate Jurisdiction ' Hears appeals from the Magist'ates and sessions courts: and . Value of the appeal should be more than RM10.000 Supervisory Jurisdiction ' Supervises all the Subordinate Courts (S, 35(1) of the Courts of Judicatur

Act 1964.

Referral Jurisdiction ' Rjght to refer any points of law arising in the appeal for the decision of the Federal Court if it feels that it is in the public interest *O of p*.*ount importance. COURT OF APPEAL ' Hears appeals from the High Court which originated from the High Court as weli as the appeais from the High Court which originated from the Subordinate Courts, except for the following; ' Appeal where the value is less than RM250,000 uniess with the leave of the Court of

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Appeal; Judgment was made by the consent of the partiesl and Appeal is on the issue of cost.

Exclusively an appellate court with no original jwisdiction.

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FEDERAL COURT
Original Jurisdiction Exclusive Jurisdiction on matters under Article 128(1) and (Z) of the Federal Constitution. Hear mafters of dispute between State Government and Federal Govemment; and Pronounce on the validif of any federal and state regisration.

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AppellateJurisdiction To hear civil appeal (with leave of the Federal Court) and criminal appeals from decisions from the Court of Appeal which originated from the High Court.
ReferralJurisdiction To determine constitutional questions which have arisen in the proceedings of the High Court and referred to the Federal Court.

e SupervisoryJurisdiction i' To give opinions on any question referred to by the Yang Di pertuan Agong
conceming constitutional rights.