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Judiciary: ________________________
Legislation :
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the courts have authority over the legislative and executive because it has the
authority to:
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History of Law
1. Pre-British era;
i.
ii.
iii.
Laws form India were brought in : Indian Penal Code, Indian Contract Act, Indian
Civil Procedure
laws from the Straits Settlement were also used
English Law (Common Law and Law of Equity) was introduced through the
Federated Malay States Civil Law Enactment ( Civil Law Enactment No. 3 1937)
English Law was introduced through the Civil Law (Extension) Ordinance 1951
these laws still exist even after independence but changes are made to suit the
Malaysian context. E.g. : appeals to the Privy Council in Britain are not allowed
after 1st of January 1985.
Classification of Law
Public Law
a. Public International Law : concern relation between countries and would prevail
between the countries; agreed upon / made by the countries concerned
b. Private International Law : concern situations that involves individuals from
another country; looks into the conflict of law between the individual's country
and the country where the offence was committed
Private Law
Sources of Law
1. Written Law
a. Constitution - Federal and State constitutions
b. Legislation - laws made by the Parliament and State Legislative Assembly
c. Subsidiary Legislation - laws made by any body / person given authority by any
legislation
2. Unwritten Law
a. Judicial decisions - made by judges of the superior courts
b. Common Law and Law of Equity
3.
Islamic Law
The Courts
Federal Court
Court of Appeals
Magistrate Courts
Small Claims Courts
Juvenile Courts
Special courts :
a. Industrial Court
b. Labour Court
c. Court Martial
-Syariah Court (at the State level; governs Muslims only)
appointment :
a. heads of the Superior Courts : appointed by the King with advice from the Prime
Minister and consultation with the Conference of Rulers ( but this consultation is
not binding)
b. other judges : appointed by the King with advice from the Prime Minister bsed on
the needs of the courts.
c. Session Court judges and Magistrates : drawn from the Judicial and Legal Service
under the jurisdiction of the Judicial and Legal Service Commission (appointment
similar to other positions in government services)
the judiciary must be impartial and be seen as impartial, i.e. not taking sides
Freedom is mentioned in the constitution and protected by it.
position of the judiciary makes it free from any control and not influenced by the
Legislative or the Executive
the judiciary would act without fear or favour