MALAYSIAN STUDIES

GROUP 4 MEMBERS:
AIEN
JANCY
SALWA
NANTHINI

THE FEDERAL
LEGISLATION PROCESS
(vi)-Before it is accepted and
applied, the bill, approved by the
Yang di-Pertuan Agong, will have
to be stamped with the Royal Seal.
(v)-The bill that is approved by both
the Houses is presented to the
Yang di-pertuan Agong for his
approval.
(iv)-The bill is presented to the
House of Representative or the
Senate.

Cont
(iii)-After being agreed upon by the Cabinet,
with or without amendment the bill is
printed and presented to Parliament.
(ii)-The Minister will get Cabinet to pass
the bill policy explaining in detail the
important of presenting it in Parliament.
(i)-The Minister and the officers of his
ministry will frame the bill with advice
from the Attorney Generals Office.

THE COURT
1)According to Tun Mohamed Suffian
(1987:138) the courts have four big
areas of jurisdiction:
The power to interpret the Constitution.
The power to interpret a law.
The power to proclaim a written
Federal or State law invalid.
The power do declare a government
action as invalid in the eyes of the law.

Cont
2)However, Court are empowered to
declare a written Federal or State law
invalid if;
The law clashes with Article 74,(1) of
the Constitution.
The law is outside the jurisdiction of
Parliament or outside the jurisdiction
of the State Legislature, Article 74,(1)
and (2) or
The state law contradicts the Federal
law, Article 75.

COURTS AND THEIR

DESCRIPTION:
FEDERAL COURT:
Consists of the Chief Justice of the
Federal Court, the Chief Justice of
the High Courts, four judges and a
number of additional judges.
Decides on the validity of laws made
in Parliament or the State
legislature.
Decides on disputes between the
Federal and State government.

Cont
HIGH COURT:
Headed by the Chief Judge of the
High Court.
The High Court has the jurisdiction
to hear cases civil cases such as
matrimonial cases, bankruptcy and
company cases, guardianship of
gisable persons.

Cont
SESSIONS COURT:
Headed by sessions court judge.
The highest of the lower courts.
Hears all criminal offences other
than expect those punishable with
death.

Cont
MAGISTRATE COURT:
Headed by a magistrate.
Hears claims for repayment of debts
in the monetary form.
Can impose caning for criminal
cases.

Cont
PEGHULU COURT
Headed by Peghulu or Head of the
Mukim in the Peghulu hall (foundnin
Peninsular Malaysia).
Appeals against the courts
decisions on criminal and civil cases
can be made in the First Class
Magistrate Court.

Cont
DISTRICT COURT:
Headed by the District Officer.
This court exists in Sabah and
Sarawak.
Has the authority to decide a re-trial.

Cont
JUVENILE COURT:
Headed by a Sessions Court judge.
Hears offences committed by a
juvenile of less than 18 years of age.
Offenders cannot be sentenced but
are sent to rehabilitation centers
such as the Henry Gurney School
until 21.

Cont
SYARIAH COURT:
Headed by a religious head
appointed by the ruler or sultan.
Examines cases of offences against
the Islamic religious law involving
Muslims only.
Administer and handle Islamic laws.

Cont
INDUSTRIAL COURT:
Judges and settles employeremployee and trade union disputes.

FREEDOM OF THE
COURT
The Judicial body is a body free from
political influence or pressure by any
party including the executive and the
legislative.
According to Article 127 of the
Constitution, the behavior of the
judges of the Federal Court, Court of
Appeal or High Court cannot be
simply discussed in any
Parliamentary Council.

Cont
The judge is chosen by the Yang diPertuan Agong who acts on the
advice of the Prime Minister after
consultation with the Council of
Rulers. According to Article 126 of
the Constitution, whosoever is
disrespectful to the Federal Court,
the Court of Appeal or the High
Court can be punished.

THANK YOU FOR

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