Judicial System In Malaysia
The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia.
Judicial system in malaysia. Decisions bind all the courts below. Malaysia has a unified judicial system and all courts take cognizance of both federal and state laws. Hears civil and criminal appeals from the court of appeal.
Such laws could also provide for appeals from suh courts to the supreme court. Under the federation of malaya agreement 1948 subordinate courts could be constituted by laws made under the agreement. The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the sessions court are subordinate courts.
There have in recent years been proposals for reform of the judicial system in order to give it more independence from government. The law of malaysia is mainly based on the common law legal system. Highest court in malaysia and the final court of appeal.
Sessions courts edit somewhat like the former quarter sessions in england but does not exceed rm1 000 000 as per ss 65 1 b 73 b 93 1 of the subordinate courts act 1948 sca. The magistrates courts and sessions courts in malaysia have the power in both criminal and civil matters. The legal system of malaysia was modeled after the english legal system which practices parliamentary democracy and is ruled by a constitutional monarchy with his majesty the yang di pertuan agong the king ceremonially as the head of the country.
Established under article 182 of the federal constitution hears any civil or criminal action against the yang di pertuan agong or any of the nine malay rulers. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia which is the highest level. Federal laws enacted by parliament of malaysia that apply throughout.
The federal court of malaysia in the highest court of the land. Penghulu s court the penghulu s courts hear civil issues in which the claim is below rm50 00 and where the offenders are of asian race and speaks and understands the malay language. A justice system originally based on the british one operates in parallel with sharia courts.
This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Most cases come before magistrates and sessions courts. Federal court of malaysia istana kehakiman precint 3 62506.
The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. The legal system is founded on british common law.
