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TOPIC 1:
MALAYSIAN LEGAL
SYSTEM
PART 1. Sources of law in Malaysia
FOCUS MORE ON: Legislation and Subsidiary
Legislation
PART 1 SOURCES OF
LAW IN MALAYSIA
Written law:
1. FEDERAL CONSTITUTIONS
Written Law:
2. STATE CONSTITUTIONS
Written Law:
3. LEGISLATION
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An Act- refers to law enacted by Parliament at the
Federal Level of Malaysia. However laws enacted by
Parliament between 1 April 1946 and 10 September 1959 are
known as Ordinances.
An Enactment- refers to law enacted by State Legislative
Assemblies. However, laws enacted by the State Legislative
Assembly of Sarawak are known as Ordinances.
An Ordinance- refers to laws promulgated
(diisytiharkan)by the Yang di-Pertuan Agong during
an emergency. (Darurat) A proclamation of emergency is
made by the Yang di-Pertuan Agong when emergency exists
whereby security, economic life, public order in the
Federation or any part thereof is threatened and there is an
imminent danger.
SECOND READING
A COMMITTEE OF HOUSE
THIRD READING
OTHER HOUSE(SENATE)
ROYAL ASSENT
FIRST STAGE
First Reading
(House of Representative/Dewan
Rakyat)
SECOND STAGE
Second Reading
(House of Representative/Dewan
Rakyat)
Members debate the bill. If accepted,
it is passed on for consideration by a
committee of the house. A committee
in the house considers the bill in
detail and may amend any part of it.
The committee then submits a report
on the bill to the house. If the report is
A Committee of House
THIRD STAGE
A Committee of House
(Peringkat Jawatankuasa Dewan)
Considers the Bill in detail and may amend
any part of it. When discussion is completed
in Committee, the Minister move a motion to
report the bill under consideration to the
House. If the motion is accepted, the House
will resume sitting and this brings the
Committee Stage to an end.
If the report is approved, the Bill goes on to a
third reading in the house.
FOURTH STAGE
Third Reading
Debate takes place and
amendments may be put to a
note. The house then either
passes or defeats the bill
FIFTH STAGE
Other House
(Senate/Dewan Negara)
When a Bill has passes one
house, it is sent to the other
house where it follows a similar
pattern. If the second house
amends the bill, the bill must be
returned to the first house for its
approval.
SIXTH STAGE/FINAL
STAGE
Royal Assent
When the Bill has passed both
houses in accordance with
Article 68, it is sent to the Yang
di-Pertuan Agong for the Royal
Assent. The bill becomes a law
upon publication.
Written Law:
4. SUBSIDIARY LEGISLATION
CONTROL OF SUBSIDARY
LEGISLATION
CONTROL OF SUBSIDARY
LEGISLATION
CONTROL OF SUBSIDARY
LEGISLATION
Unwritten Law
1. ENGLISH LAW
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Unwritten Law
2. JUDICIAL DECISION
Kehakiman)
(Dahuluan
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Unwritten Law
3. CUSTOM
Unwritten Law
4. ISLAMIC/SHARIAH LAW
SOURCES OF MALAYSIAN
LAW
WRITTEN LAW
1.Federal
Constitution
2.State
Constitution
3.Legislation
4.Subsidiary
Legislation
UNWRITTEN LAW
1.English Law
2.Judicial Decision
3.Customs
4.Islamic Law
PART 2
THE ADMINISTRATION
OF JUSTICE
(Courts systems in
Malaysia)
Administration of Justice/
Courts Systems in Malaysia
Superior Courts
HIGH COURT
(Sabah&Sarawak)
SESSIONS COURTS
MAGISTRATES COURTS
PENGHULUS COURTS
(In West Malaysia Only)
Subordina
te Court
SUPERIOR COURT
Federal Court
A)Original jurisdiction
B) Appellate jurisdiction
C) Reference jurisdiction
D) Advisory jurisdiction
2.
SUPERIOR COURT
Court of Appeal
Jurisdiction of Court of
Appeal
CIVIL APPEAL CASES
CRIMINAL APPEAL
CASES
Has jurisdiction to
hear and
determine civil
appeals for cases
where the amount
or value of the
subject matter of
the claim is more
than RM 250 000
Has jurisdiction to
hear and
determine any
appeal against the
decision of the
High Court
SUPERIOR COURT
High Courts
Established under Article 121(1) of the
Federal Constitution.
There are 2 high courts in Malaysia:
1. High Court for West Malaysia
2. High Court for Sabah & Sarawak
High Court is presided by a Chief Judge.
The jurisdiction of the High Court is
original, appellate and supervisory.
SUBORDINATE COURTS
Session Courts
CRIMINAL CASES
All offences
other than
offences
punishable with
death
SUBORDINATE COURTS
Magistrates Courts
Magistrate Court
FIRST CLASS
SECOND CLASS
CRIMINAL CASES
To try all offences
punishable with up to 10
years imprisonment or
with fine only and
offences related to
punishable for robbery
and house breaking.
CRIMINAL CASES
Only to deal with cases
where the maximum
punishment imposed is
no more than 12 months
imprisonment or which is
punishable with a fine
only.
CIVIL CASES
No jurisdiction for civil
To try all litigations where cases
the matter in dispute or
subject matter does not
exceed
RM 25 000
SUBORDINATE COURTS
Penghulus Courts