Malaysian Legal System

4174 WordsAug 7, 201017 Pages
lalJURISDICTION OF THE COURT 1.0 INTRODUCTION The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is, the Federal Court, the Court of Appeal and the High Courts, and in the Subordinate Courts Act 1948 (Act 92) for the subordinate courts that is the Sessions, Magistrate’s and Penghulu’s Courts. 2.0 MALAYSIAN JUDICIAL STRUCTURE Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts Federal Court, Special Court, Court of Appeal and High Court 2) Subordinate Courts Sessions Court, Magistrates' Court and Court for Children “Promotion of judges, wherever such a system…show more content…
However the Federal Court also goes on circuit to the major towns of Penang, Ipoh, Kota Bharu, Johor Bahru, Alor Setar, Kuantan, Malacca, Kuching and Kota Kinabalu (section 75 of the Courts of Judicature Act 1964). Jurisdiction Article 121(2) of the Federal Constitution confers the Federal Court with the following jurisdiction– (a) to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof; (b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and (c) such other jurisdiction as may be conferred by or under federal law. Criminal Appeals The Federal Court may subject to section 87 of the Courts of Judicature Act 1964 hears and determines appeals against decisions of the Court of Appeal relating to any criminal matter decided by the High Court in the exercise of its original jurisdiction. Civil Appeals Section 96 of the Courts of Judicature Act 1964 provides that an appeal against the decision of the Court of Appeal may be made to the Federal Court with with the leave of the Federal Court. Leave is only granted if– (a) the decision of the Court of Appeal is in respect of any civil cause or matter decided by the High Court in exercise of its original jurisdiction where it involves a question of general principle of law decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage; or (b) the

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