What is the role and function of the Judiciary of Malaysia?

Answer 1

The Malaysian Judiciary is among the government bodies comprising of The Legislative Body, The Executive and The Judiciary existing as independent institutions.

The main function of the Judiciary is to ensure compliance with the Federal Constitution, and to uphold justice in accordance with the laws of Malaysia.

Apart from the role to adjudicate and resolve legal matters arising between individuals as well as individuals and the state, the courts also serve to interpret the laws of Malaysia.

The Malaysian Judiciary undertakes and executes these special tasks and obligations to uphold and preserve the Federal Constitution.

The modern Judicial System of Malaysia began when the Royal Charter Of Justice 1807 was issued, which gave rise to the formation and execution of a court in Pulau

Pinang.

In 1808 a court was established, in Fort Cornwallis, before moving to the Supreme Court's permanent building a year later.

In 1825, Penang,

Singapore and Malacca were incorporated into the Straits Settlements and were under British rule.

Jurisdiction of the Supreme Court of Penang,

were extended to Singapore and Malacca.

Since the 1850's, Singapore replaced Penang

as the Trade Center in the Straits Settlements.

As such, the Chief Justice had also moved to Singapore from Penang.

British intervention in the Federated Malay States and the Non-Federated

Malay States together with Borneo at the end of the 19th century and early 20th century led the judicial system is being established in those states.

The Judicial System in the region at the time, was conducted and controlled solely by English descendants.

However, in 1939, Raja

Musa

Raja

Bot became the first natural born to be appointed high positions in the National Judicial System,

although it was only for an appointment as a temporary sitting judge in the Supreme Court of the Federated Malay States.

Courts in Malaya were still performing their duties whilst the nation were badly being attacked by the Japanese army.

However, these courts ceased to function when the Japanese captured and controlled the entire country.

The Constitution of Malaysia in 1963, had abolished the existing Supreme Courts at the time, and was replaced by a Federal Court which combined the various state courts, existing under one roof.

The Judiciary was headed by a Chief Justice with the title of Lord President and its first Lord President was Chief Justice Sir James Beveridge

Thomson (1963-1966).

According to the provisions of the Federal Constitution, the Chief Justice shall be appointed by Yang DiPertuan

Agong

(The King) acting on the advice of the Prime Minister of Malaysia after consultation with the Counference

of Rulers.

In 1994, the title of Lord President was changed to the Chief Justice.

There are 3 main courts at the time comprising of the Federal Court, the High Court of Malaya, the High Court of Singapore and the High Court of Borneo.

But in 1965, with the expulsion of Singapore from Malaysia, the long existing line and legacy of the previous judicial system and branches had ended.

Previously, Malaysia's highest court was the Privy Council, and this was so, even after the independence of Malaya and the subsequent formation of Malaysia in 1963 as it was in the agreement that exists between the Queen of England (Queen Elizabeth II) and the First Yang DiPertuan

Agong

(the

King) ; Seri

Paduka

Baginda

Yang Di-Pertuan

Agong,

the late Al-Marhum

Tunku

Abdul Rahman,

son of the late Al- Marhum

Tunku

Muhammad ).

As it was, the enforcement of articles 131 of the Malaysian Constitution had allowed appeals referred to the Federal Court to be subsequently referred to the Privy Council in London.

With the repeal of this treaty in 1985, the judicial system that was dependent on the British Justice System had ended.

Structure of the Judiciary Malaysia is divided in two parts, the Superior Court and Subordinate Courts.

Malaysia's highest court is the Federal Court followed by the Court of Appeal, High Court of Malaya and High Court of Sabah

and Sarawak.

The Subordinate Court consists of the Sessions Court, the Magistrates Court and the Children's Court.

A Special Court was established by the Federal Constitution on March 20, 1993, that has the jurisdiction to try civil or criminal action instituted by or against Yang DiPertuan

Agong

(The King) or H.R.H.

Sultans & Raja,

the Head of the Malaysia's states.

Malaysia's highest and apex court, the Federal Court of Malaysia is located at the Istana

Kehakiman,

Putrajaya.

The Name of Istana

Kehakiman

had been modified from its original name of the Palace Of Justice in September 2007.

It has the jurisdiction to accept the decision of the appeal of criminal cases or civil proceedings that have been tried by the Court of Appeal of Malaysia.

One of the main functions of the Federal Court is to determine/interpret the validity of laws issued by Parliament or the State Government.

It also has jurisdiction to decide disputes between states or between the Federal Government and State Government.

The Federal Court is the interpreter of the Federal Constitution and have the final say in the Constitution of Malaysia with regards to its translation.

The Court of Appeal has jurisdiction to hear appeals of decisions implemented in the High Courts.

High courts have jurisdiction to hear appeals of

civil or criminal

cases from of the lower courts.

High courts have jurisdiction and not restricted to hearing criminal cases involving the death penalty.

The courts also have unlimited jurisdiction for the trial of civil cases.

In general, the High Courts do not discuss matters that fall under the jurisdiction of the Subordinate Courts.

One of the main functions of the High Court is to receive incoming and regsitration

of advocates and solicitors of the High Court, amongst them are the 3 Prime Ministers of Malaysia, Tunku

Abdul Rahman

Putra

Al-Haj,

Tun Abdul Razak

and Tun Hussain

Onn.

Subordinate Courts in Malaysia may be presented with cases of criminal or civil in nature.

Sessions court has the jurisdiction to decide criminal cases except for cases involving the death penalty.

The Sessions Court judge has the jurisdiction to decide cases in accordance with the provisions of the Civil Jurisdiction of the courts.

The First Class Magistrate Court has jurisdiction to try civil cases, where the claim does not exceed RM 25,000.00.

In general, the Magistrate Courts have jurisdiction to try offenses which the maximum penalty is not exceeding 10 years in prison with a fine only.

The Children's Court which existed in the Subordinate Courts are specifically for the trial of offenders under 18 years old.

The Government of Malaysia in the 8th Malaysia Plan, had agreed to build several new courts.

This is to accommodate the space requirements and facilities needed in order to uphold and undertake the Courts responsibilities more effectively and conducively.

Among the many courts that were built is the Kuala

Lumpur

Court Complex at Jalan

Duta,

Kuala

Lumpur.

The new Kuala

Lumpur

Court Complex is a 77 court room complex compromising of 30 court rooms of the High Court, 21courts rooms of the Sessions Court and 26 court rooms of the Magistrate's Court.

Thus, the complex is the second biggest in the world.

The Kuala

Lumpur

Court Complex was built on the need to relocate the courts in Kuala

Lumpur

which was previously located at Jalan

Ampang

Wisma

Denmark, Bangunan

Sultan Abdul Samad

Building at Jalan

Raja

and PWD building at 26 Jalan

Sultan Hishammuddin.

The complex is complete with the infrastructure that is suited to the implementation of the Wireless Electronic Court System throughout the building. In addition, it also features a business center, bank, public telephone and cafeteria for the convenience of staff and visitors to the court. Improvements that have been implemented and future improvements planned are visions with the objective to catalyse the Malaysian judiciary to efficiently and improvingly

carry out its responsibilities to the people and country for the cause of justice as enshrined under the Federal Constitution.