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Published byEsmond Hensley Modified over 8 years ago
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Judiciary -A body responsible for the process of justice. Carries out its duties in the courts of law. -Laws to ensure an individual acts and behaves in a manner befitting a member of society and as a citizen -Meets the need for a body that determines what action is right or wrong in the eyes of the law -Laws must be enforced with justice
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-Provision in the Constitution to ensure judiciary is free from any influence and under the control of any party including the government -Judges appointed by YDPA on the advice of PM after having discussed in the Council of Rulers -A separate independent body known as Judiciary Service Commission manages matters relating to judicial service including appointment of legal officers, promotion, allowances
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-Judges paid from a special fund. Can be dismissed for improper behaviour or inability to execute his duties -Powers cannot extend beyond what is provided in the Constitution but courts have wider powers. It can interpret the Constitution and the law in case of vagueness or dispute involving any party.
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Types of courts -Highest forms of courts are the Federal Court and High Court followed by Sessions Court, Magistrate Court, Penghulu Court (Sub-District level), District Court, Juvenile Court, Syariah Court and Industrial Court
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Federal Court -Consists of Chief Justice of Federal Court, the Chief Justice of the High Courts, 4 judges and a number of additional judges -Decides on the validity of laws passed in parliament or State Legislative Assembly -Decides on disputes between Federal and State governments
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- Decides on disputes between the states -Advises the YDPA on the Constitution -Deliberates on appeals of civil and criminal cases from the High Courts High Court -Headed by Chief Judge of the High Court -Has the jurisdiction to hear cases that carry the death penalty
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-Also has the jurisdiction to hear civil cases including divorce, marriage, bankruptcy, commercial companies, guardianship, property, disabled people Sessions Court -Headed by sessions court judge -Highest of lower courts. Presides over all criminal cases other than those punishable with a death sentence
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Imposes death sentence, fine, whipping depending on the offence. Sentence in accordance with the law -Hears civil cases where the amount does not exceed RM250,000 -Also hears civil cases on landlord and tenant
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Magistrate Court -Headed by magistrate -Presides over criminal and civil cases where the maximum imprisonment does not exceed 10 years or punishable by fine only
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-Hears claims for repayment of debts in monetary form -In criminal cases can impose caning Juvenile Court -Headed by sessions court judge -Hears cases involving a young person below 18 years of age
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-Offenders sent to rehabilitation centres until 21. -Decisions in juvenile court can be appealed in the high court Industrial Court -Headed by judges -Has power to hear cases involving disputes between workers and employers
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- Referred to the court by the Minister of Human Resources when disputes could not be settled by discussions -Appeals against decisions can be made to the High Court Syariah Court -Headed by a religious head appointed by the ruler or sultan
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-Hears cases concerning the administration of Islamic law for Muslims in matters like marriage, divorce, guardianship, adultery, deviations from teachings, teaching religion without authorization and division of property Military court -Cases involving armed forces who infringe military law
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Penghulu Court -Headed by the Penghulu or Head of Mukim -Hears light criminal cases where fine does not exceed RM25 -Hears civil cases where the fine does not exceed RM50 -Appeals can be made to Magistrate Court
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District Court -Headed by District Officer -Exists in Sabah and Sarawak
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