An Introduction to the Concept of Law in Malaysia

1524 Words Apr 9th, 2011 7 Pages
Definition
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,
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Superior Courts
1.

The Federal Court (cont’d)
Government of Malaysia v. Government of State of Kelantan (1968). The opinion of the Federal Court was sought as to whether the provision of Article 11(2) and Article 97(2) of the Federal Constitution were violated by certain clauses of an agreement made between the State Govt. of Kelantan and the Timbermine Industrial Corporation Limited whereby the company was granted a permit to log, extract timber and forest products, to establish factories, and to prospect and operate mines in Kelantan. The Federal Court answered both questions in the negative, i.e. there was no violation of the provisions of the Federal Constitution.

Superior Courts
2.

The Court of Appeal
The Court of Appeal constitutes the President of the Court of Appeal and up to ten Court of Appeal Judges. The Court of Appeal is heard by three judges or such greater uneven number of judges. Has the jurisdiction :-

1) 2)

To hear and determine any appeal against any High Court decision on criminal matters. To hear and determine civil appeals generally for cases where the amount or value of the subject-matter of the claim is at least two hundred and fifty thousand ringgit. Where an appeal has been heard and disposed of by the Court of Appeal, the said Court has no power to reopen, re-hear nor re-examine its decision for whatever purpose.

Superior Courts
3. The High Courts High Court of Malaya for the states of Peninsular Malaysia High

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