Hierarchy of Courts

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  • Topic: Judge, High Court of Justice, Malaysia
  • Pages : 5 (1840 words )
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  • Published : May 11, 2013
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Explain the hierarchy of courts in Malaysia. Discuss in details. Law is defined as any system of regulations to govern the conduct of the people of a community, society or nation. It is the governmental response to society's need for both regularity, consistency and justice based upon collective human experience. A statute, ordinance, or regulation enacted by the legislative branch of a government and signed into law, or in some nations created by decree/judgement without any democratic process. This is distinguished from "natural law" which is not based on statute, but on common understanding of what is right and proper (often based on moral and religious precepts as well as common understanding of fairness and justice). "by-laws“ is a generic term for any body of regulations for conduct, including specialized rules (military law, uniform building), moral conduct under various religions, and for organizations The court is bound to follow its prior or past decisions or the decisions of a courtof the same level or equeal or coordinate jurisdiction or decision of higher courts. This practice of courts is called the doctorine of binding precedents. The doctorine is to be observed by courts in the hierrarchy. The Malaysian court system is organized in a hierarchy like a pyramid with the subordinate courts at the base and the superior courts at the top of the hierarchy.The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.

There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdictions of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdictions of the courts for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia which also known as the Chief Justice of Malaysia, followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts. Federal Courts

The Federal Court is the highest court in Malaysia. Article 122 of the Federal constitution provides that the Chief Justice of the Federal Court is head of the Malaysian Judiciary. He is appointed by the Yang di-Pertuan Agong who can acts on advice of prime Minister, after consulting the conference of Rulers. The appointments of the other seven judges of the Federal Court are appointed by the Yang di-Pertuan Agong acting on the advice of the chief Justice of the Federal court. Judges appointed must be below 65 years old. Every proceedings in the Federal Court shall be heard and disposed by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine. In the absence of the Chief Justice, the most senior member of the court shall preside. The court has original jurisdiction in the same matters exercised by the High Court. In dispute between states or between the Federation and any state, the court shall provide declaratory judgments. In deciding matters on constitutional issues the High Court can stay its proceeding and forward the constitutional issues to the Federal Court. The Federal Court shall determine the constitutional matter in the same way as an appeal to the Federal Court. The Federal court has appellate jurisdiction in...
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