Malaysian Legal System

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- Any question whether a law made by Parliament or by the Legislature of a state is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and

- Disputes on any other question between states or between the Federation and any State.

- Appellate Jurisdiction

- Art. 128(3) FC states that:

The jurisdiction of the Federal Court to determine appeals from the Court of Appeal a High Court or a judge thereof shall be such as may be provided by federal law.

- Reference Jurisdiction

- Art. 128(2) FC states that:

Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question & remit the case to the other court to be disposed of in accordance with the determination.

- Advisory Jurisdiction

- Art. 130 FC states that:

The YDPA may refer to the Federal Court for its opinion any question as to the effect of any provision of this constitution which has arise, & the Federal Court shall pronounce in open court its opinion on any question so referred to it.

Court of Appeal

- The court can hear both Civil & Criminal appeal cases.

- Civil Appeal cases

- Has jurisdiction to hear & determine civil appeal cases where the amount or value of the subject matter of the claim is more that RM250,000.

- If the amount is less than RM250,000, the parties must get the permission from the Court of Appeal.

- Criminal Appeal cases

- Has jurisdiction to hear & determine any appeal against the decision of the High Court.

- Composition of the court:

- Has a President + 10 other judges = 11 person altogether.

- Proceedings in the court:

- 3 judges at any one time or more but must be uneven numbers & decisions must be made by majority.

High Court

- Established under art. 121(2) FC.

- 2 High Courts: HC (WM) & HC (S & S).

- 3 types of jurisdiction:

- Original

- Appellate

- Supervisory

Sessions Court

- This court has the jurisdiction to hear:

- Civil cases

- All suit where the amount in dispute or the subject matter does not exceed RM250,000.

- May entertain case above RM250,000 if it concerns motor vehicles accident, landlord & tenant.

- May not entertain even if its below RM250,000 if it concerns divorce, bankruptcy, enforcement of trust, specific, performance or injuction.

- Criminal cases

- All offences other than offences punishable to death.

- Many impose any sentence allowed by law except sentence of death.

Magistrates’ Court

- This court has the jurisdiction to hear:

- Civil cases

- Criminal case

- 2 types of classes: 1st Class & 2nd Class.

- First Class

- Criminal cases

- To try all offences punishable with up to 10 years imprisonment or with fine only; and

- Offences related to punishment for robbery & house breaking by night.

- Civil cases

- To try all litigations where the matter in dispute or subject matter does not exceed RM25,000.

- Second Class

- Performs minor function ie, granting bail, mentioning cases.

- Criminal cases

- Only to deal with cases where

the max punishment imposed

is not more than 12 months imprisonment; or

- Punishable with fine only.

Juvenile Court

- This court has the jurisdiction to hear regarding offenders between the ages of 10 – 18 years old.

- Established by the Juvenile Courts Act 1947.

- It can try all offences except those punishable by death & it is presided by a First Class Magistrate & 2 advisors.

- When the juvenile is found guilty, they are sent to “corrective” school, ie, Henry Gurney, Malacca.