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LEGAL FRAMEWORK

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Brief outline....Malaysian Legal System & Malaysian Court System




Malaysia is a country that practices parliamentary democracy while at the same time maintains a system of Constitutional Monarchy, with His Majesty the Yang di-Pertua Agong (King) as the Head of State. However, at the state level, the Sultan or Yang di-Pertua Negeri (Governor) are the Constitutional Rulers of their respective states.
The Constitution of Malaysia clearly divides the authority of the Federation into three branches: Legislative, Judiciary and the Executive. The division of authority occurs both at the federal and state levels, in keeping with the concept of federalism which forms the basis of the government administration.

The Jurisdiction of the Malaysian Courts is determined by the Courts of Judicature Act and the Surbodinate Courts Act 1948. The courts are categorized into 4 : the Superior Court, the High Courts, the Subordinate Courts and the Adjudicatory Bodies/Tribunals.

The Superior Courts
The Superior Courts consists of the Federal Court , the Special Court and the Court of Appeal .

The High Courts
The High Courts consists of the High Court in Malaya and the High Court in Sabah & Sarawak (previously known as the High Court of Borneo).

The Subordinate Courts
The Subordinate Courts in Malaysia are the Sessions Court, the Magistrates’ Court, the Court for Children and, in West Malaysia only, the Penghulu’s Court.

The Adjudicatory Bodies / Tribunals
The adjudicatory bodies / tribunals are established under different statutes. Among them are the Industrial Courts, Native Court (in Sabah & Sarawak), disciplinary tribunals, and so forth. These tribunals are almost in the same level as the subordinate courts in the sense that if one is unsatisfied with its decision, one can refer the matter to the High Courts. However, the ‘appeals’ are called judicial review, instead of appeal.

(source: http://malaysianlegalsystem.com/)
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