GROUP 4 MEMBERS: AIEN JANCY SALWA NANTHINI MALAYSIAN STUDIES

THE FEDERAL LEGISLATION PROCESS (vi)-Before it is accepted and applied, the bill, approved by the Yang di-Pertuan Agong, will have to be stamped with the Royal Seal. (v)-The bill that is approved by both the Houses is presented to the Yang di-pertuan Agong for his approval. (iv)-The bill is presented to the House of Representative or the Senate.

Cont… (iii)-After being agreed upon by the Cabinet, with or without amendment the bill is printed and presented to Parliament. (ii)-The Minister will get Cabinet to pass the bill policy explaining in detail the important of presenting it in Parliament. (i)-The Minister and the officers of his ministry will frame the bill with advice from the Attorney General’s Office.

THE COURT 1)According to Tun Mohamed Suffian (1987:138) the courts have four big areas of jurisdiction: The power to interpret the Constitution. The power to interpret a law. The power to proclaim a written Federal or State law invalid. The power do declare a government action as invalid in the eyes of the law.

Cont… 2)However, Court are empowered to declare a written Federal or State law invalid if; The law clashes with Article 74,(1) of the Constitution. The law is outside the jurisdiction of Parliament or outside the jurisdiction of the State Legislature, Article 74,(1) and (2) or The state law contradicts the Federal law, Article 75.

COURTS AND THEIR DESCRIPTION: FEDERAL COURT: Consists of the Chief Justice of the Federal Court, the Chief Justice of the High Courts, four judges and a number of additional judges. Decides on the validity of laws made in Parliament or the State legislature. Decides on disputes between the Federal and State government.

Cont… HIGH COURT: Headed by the Chief Judge of the High Court. The High Court has the jurisdiction to hear cases civil cases such as matrimonial cases, bankruptcy and company cases, guardianship of gisable persons.

Cont… SESSIONS COURT: Headed by sessions court judge. The highest of the lower courts. Hears all criminal offences other than expect those punishable with death.

Cont… MAGISTRATE COURT: Headed by a magistrate. Hears claims for repayment of debts in the monetary form. Can impose caning for criminal cases.

Cont… “PEGHULU COURT” Headed by Peghulu or Head of the Mukim in the Peghulu hall (foundnin Peninsular Malaysia). Appeals against the court’s decisions on criminal and civil cases can be made in the First Class Magistrate Court.

Cont… DISTRICT COURT: Headed by the District Officer. This court exists in Sabah and Sarawak. Has the authority to decide a re-trial.

Cont… JUVENILE COURT: Headed by a Sessions Court judge. Hears offences committed by a juvenile of less than 18 years of age. Offenders cannot be sentenced but are sent to rehabilitation centers such as the Henry Gurney School until 21.

Cont… SYARIAH COURT: Headed by a religious head appointed by the ruler or sultan. Examines cases of offences against the Islamic religious law involving Muslims only. Administer and handle Islamic laws.

Cont… INDUSTRIAL COURT: Judges and settles employer- employee and trade union disputes.

FREEDOM OF THE COURT The Judicial body is a body free from political influence or pressure by any party including the executive and the legislative. According to Article 127 of the Constitution, the behavior of the judges of the Federal Court, Court of Appeal or High Court cannot be simply discussed in any Parliamentary Council.

Cont… The judge is chosen by the Yang di- Pertuan Agong who acts on the advice of the Prime Minister after consultation with the Council of Rulers. According to Article 126 of the Constitution, whosoever is disrespectful to the Federal Court, the Court of Appeal or the High Court can be punished.

THANK YOU FOR LISTENING……