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ntroduction to

ntroduction to

Malaysian Legalalaysian Legal

System

ystem

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Federal Constitution

ederal Constitution

FC is the supreme law of the landFC is the supreme law of the land It is a written documentIt is a written document

FC provides the main laws in MalaysiaFC provides the main laws in Malaysia Article 1(1) states that the Federation shall beArticle 1(1) states that the Federation shall be

known by the name of MALA!IAknown by the name of MALA!IA FC "uarantees the fundamental liberties of allFC "uarantees the fundamental liberties of all

person# the prohibition of slavery and forcedperson# the prohibition of slavery and forcedlabor# e$uality before law%labor# e$uality before law%

Article 1&' ahasa Malaysia is the nationalArticle 1&' ahasa Malaysia is the nationallan"ua"e of Malaysialan"ua"e of Malaysia

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Contents of FC

ontents of FC

*he states# reli"ion and the law of the Federation*he states# reli"ion and the law of the Federation Fundamental LibertiesFundamental Liberties Citi+enshipCiti+enship *he Federation*he Federation *he !tates*he !tates ,elations between the Federation - !tates,elations between the Federation - !tates

Financial .rovisionsFinancial .rovisions /lections/lections *he 0udiciary*he 0udiciary .ublic !ervices.ublic !ervices !pecial powers a"ainst subversion# or"anised violence and!pecial powers a"ainst subversion# or"anised violence and

crimes preudicial to the publiccrimes preudicial to the public 2eneral - miscellaneous2eneral - miscellaneous Additional protection for !abah - !arawakAdditional protection for !abah - !arawak ,uler3s soverei"nty,uler3s soverei"nty

.roceedin"s a"ainst 4.A.roceedin"s a"ainst 4.A

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Most important articles

ost important articles

in FCn FC

Art 5Art 5 Islam is the reli"ion of the Islam is the reli"ion of the FederationFederation

Art 6(1)Art 6(1) FC is the supreme law of the FC is the supreme law of theFederation# any law passed afterFederation# any law passed after MerdekaMerdeka4ay which is inconsistent4ay which is inconsistent with FC shall# to thewith FC shall# to thee7tent of itse7tent of its inconsistency# be void%inconsistency# be void%

Art 8&Art 8& Any !tate law which is inconsistent with Any !tate law which is inconsistent withFC# FC will prevailFC# FC will prevail

,efer to Mamat bin 4aud v 2overnment of,efer to Mamat bin 4aud v 2overnment ofMalaysiaMalaysia

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Malaysia is a constitutional monarchyMalaysia is a constitutional monarchy

9eaded by the an" di.ertuan A"on"9eaded by the an" di.ertuan A"on"

:in"s are elected for &year terms from:in"s are elected for &year terms fromamon" the nine sultans of the .eninsularamon" the nine sultans of the .eninsularMalaysian statesMalaysian states

*he :in" is also the leader of the Islamic*he :in" is also the leader of the Islamicfaith in Malaysia%faith in Malaysia%

9is ,oyal 9i"hness has the power to9is ,oyal 9i"hness has the power to

safe"uard the customs and traditions ofsafe"uard the customs and traditions ofthe Malay people and the Administrationthe Malay people and the Administrationof the Islamic ,eli"ion in each state%of the Islamic ,eli"ion in each state%

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!eri .aduka a"inda an" 4i!eri .aduka a"inda an" 4i

.ertuan A"on" is the 9ead of the

.ertuan A"on" is the 9ead of the

Islamic ,eli"ion for the states ofIslamic ,eli"ion for the states of

.ulau .inan"# !abah# !arawak and.ulau .inan"# !abah# !arawak and

the Federal *erritories%the Federal *erritories% 9is ,oyal 9i"hness carries out his9is ,oyal 9i"hness carries out his

duties under the Constitution underduties under the Constitution under

the advice of the .rime Minister andthe advice of the .rime Minister andthe cabinet ministersthe cabinet ministers

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.arliament.arliament

Art 66 Le"islative power vests inArt 66 Le"islative power vests in

.arliament which comprises of 4.A#.arliament which comprises of 4.A#4ewan ;e"ara (9ouse of !enate) and4ewan ;e"ara (9ouse of !enate) and4ewan ,akyat (9ouse of ,epresentatives)4ewan ,akyat (9ouse of ,epresentatives)

.arliament is elected for a ma7imum period.arliament is elected for a ma7imum periodof five years%of five years%

M3sian .arliament3s le"islative acts mustM3sian .arliament3s le"islative acts mustalways be consistent with FCalways be consistent with FC

.arliament is empowered to amend the FC.arliament is empowered to amend the FCbut must be effected in accordance with FCbut must be effected in accordance with FCitself%itself%

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Executive n Legislative

xecutive n Legislative

/7ecutive power is vested in the cabinet/7ecutive power is vested in the cabinet

led by the prime ministerled by the prime minister

*he cabinet is chosen from amon"*he cabinet is chosen from amon"members of both houses of parliamentmembers of both houses of parliament

Le"islative power is divided betweenLe"islative power is divided between

federal and state le"islatures%federal and state le"islatures%

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*he !tructure of the Malaysian .arliament*he !tructure of the Malaysian .arliament

*he Malaysian .arliament is divided into*he Malaysian .arliament is divided into

three components

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*he federal "overnment has authority*he federal "overnment has authority

over e7ternal affairs# defense# internalover e7ternal affairs# defense# internal

security# ustice (e7cept civil law casessecurity# ustice (e7cept civil law casesamon" Malays or other Muslims andamon" Malays or other Muslims and

other indi"enous peoples# adudicatedother indi"enous peoples# adudicated

under Islamic and traditional law)# federalunder Islamic and traditional law)# federalciti+enship# finance# commerce# industry#citi+enship# finance# commerce# industry#

communications# transportationcommunications# transportation

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4ewan ,akyat has '1= elected members%4ewan ,akyat has '1= elected members% A 2eneral /lection is held every five years toA 2eneral /lection is held every five years to

elect members of the 4ewan ,akyat%elect members of the 4ewan ,akyat% .arties with the most votes can form a.arties with the most votes can form a

"overnment to rule the country%"overnment to rule the country% *he 4ewan ;e"ara (!enate) consists of 8>*he 4ewan ;e"ara (!enate) consists of 8>

members '? members elected by the !tatemembers '? members elected by the !tateLe"islative Assembly to represent 15 states (eachLe"islative Assembly to represent 15 states (eachstate represented by two members)%state represented by two members)%

66 members appointed by 9is Maesty the an"66 members appointed by 9is Maesty the an"4i.ertuan A"on" on the advice of the .rime4i.ertuan A"on" on the advice of the .rime

Minister# includin" two members from the FederalMinister# includin" two members from the Federal*erritory of :uala Lumpur# and one member each*erritory of :uala Lumpur# and one member eachfrom the Federal *erritory of Labuan and .utrafrom the Federal *erritory of Labuan and .utra0aya%0aya%

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*he Federal Constitution was le"islated*he Federal Constitution was le"islated

with the settin" up of conditions for thiswith the settin" up of conditions for thissystem to e7ist%system to e7ist%

@ne of the conditions of .arliamentary@ne of the conditions of .arliamentary4emocracy is the division of the4emocracy is the division of the

administrative power into three parts#administrative power into three parts#which are Le"islative# 0udiciary# andwhich are Le"islative# 0udiciary# and

Administrative or /7ecutiveAdministrative or /7ecutive

Malaysia is also a country that practises aMalaysia is also a country that practises asystem of 4emocracy based on thesystem of 4emocracy based on theFederation systemFederation system

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.arliament is the le"islative authority for the.arliament is the le"islative authority for theFederation# and in this capacity# it makes lawsFederation# and in this capacity# it makes laws

applicable to the Federation as a wholeapplicable to the Federation as a whole Customarily# a ill ori"inates in the 4ewanCustomarily# a ill ori"inates in the 4ewan

,akyat%,akyat%

@nce approved# it is tabled in the 4ewan ;e"ara@nce approved# it is tabled in the 4ewan ;e"ara

for another debate%for another debate% After that# the ill has to be approved beforeAfter that# the ill has to be approved before

bein" presented to an" 4i.ertuan A"on" forbein" presented to an" 4i.ertuan A"on" forhis consent%his consent%

*he ill will then be "a+etted in the form of*he ill will then be "a+etted in the form of2overnment 2a+ette# thus makin" the ill a law2overnment 2a+ette# thus makin" the ill a lawas stated in the 2overnment 2a+ette%as stated in the 2overnment 2a+ette%

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.arliament passes federal laws# makes.arliament passes federal laws# makes

amendments to e7istin" federal laws#amendments to e7istin" federal laws#e7amines the "overnment3s policies#e7amines the "overnment3s policies#

approves the "overnment3s e7pendituresapproves the "overnment3s e7penditures

and approves new ta7es%and approves new ta7es%

.arliament also serves as the forum for.arliament also serves as the forum for

criticism and the focus of public opinion oncriticism and the focus of public opinion on

national affairs%national affairs%

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*o enable .arliament to undertake the*o enable .arliament to undertake theresponsibilities to it fully and effectively# theresponsibilities to it fully and effectively# the

Constitution confers certain ri"hts and le"alConstitution confers certain ri"hts and le"alimmunities desi"nated B.arliamentary .rivile"esimmunities desi"nated B.arliamentary .rivile"esupon .arliament%upon .arliament%

*hese privile"es are enoyed by each 9ouse as a*hese privile"es are enoyed by each 9ouse as a

whole# and by individual members of .arliament%whole# and by individual members of .arliament% Members of .arliament individually enoyMembers of .arliament individually enoy

immunity from civil and criminal proceedin"s inimmunity from civil and criminal proceedin"s inrespect of thin"s said or done by them inrespect of thin"s said or done by them in

.arliament# and the same immunity protects.arliament# and the same immunity protectsother persons actin" under the authority of eitherother persons actin" under the authority of either9ouse%9ouse%

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*he Malaysian le"al system is based on*he Malaysian le"al system is based on

/n"lish common law%/n"lish common law%

*he Federal Court reviews decisions referred*he Federal Court reviews decisions referred

from the Court of Appealsfrom the Court of Appeals

*he subordinate courts are the Ma"istrate*he subordinate courts are the Ma"istrate

Courts and the !essions Courts%Courts and the !essions Courts% Dhilst the superior courts are the two 9i"hDhilst the superior courts are the two 9i"h

Courts of coordinate urisdiction and status#Courts of coordinate urisdiction and status#

one for .eninsular Malaysia and the other forone for .eninsular Malaysia and the other for

the !tates of !abah and !arawak# the Court ofthe !tates of !abah and !arawak# the Court ofAppeal and the Federal Court%Appeal and the Federal Court%

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The Special Court was established on March 30,The Special Court was established on March 30,1993 vide Act A848, now provided for in Article 181993 vide Act A848, now provided for in Article 18of the !ederal Constitution"of the !ederal Constitution"

All offences co##itted b$ the %ulers &the %ulersAll offences co##itted b$ the %ulers &the %ulersbein' the #onarchical heads of the co#ponentbein' the #onarchical heads of the co#ponentstates of the !ederation of Mala$sia( includin' )isstates of the !ederation of Mala$sia( includin' )isMa*est$Ma*est$

The +an' di-ertuan A'on' shall be heard b$ theThe +an' di-ertuan A'on' shall be heard b$ theSpecial Court"Special Court"

The Special Court shall also hear all civil cases b$ orThe Special Court shall also hear all civil cases b$ ora'ainst the#"a'ainst the#"

This Court shall be chaired b$ the Chief .ustice ofThis Court shall be chaired b$ the Chief .ustice of

the !ederal Court and he shall be assisted b$ fourthe !ederal Court and he shall be assisted b$ fourother #e#bers, na#el$ the two Chief .ud'es of theother #e#bers, na#el$ the two Chief .ud'es of therespective )i'h Courts and two other personsrespective )i'h Courts and two other personsappointed b$ the Conference of %ulers who hold orappointed b$ the Conference of %ulers who hold orhave held office as a *ud'e"have held office as a *ud'e"