Law & Paneir

PART IX - THE JUDICIARY 126 The Supreme Court or a High Court shall have power to punish any contempt of itself. 127 The conduct of a judge of the Supreme Court or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by no less than one quarter of differences in the system of land tenure) in the same manner as they apply to other States. 128 (1) The Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction - (a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and (b) disputes on any other question between States or between the Federation and any State. (2) Witho

PART IX - THE JUDICIARY 125 (1) Subject to the provisions of Clauses (2) to (5), a judge of the Supreme Court shall hold office until he attains the age of sixty- five years or such later time, not being later than six months after he attains that age, as the Yang di- Pertaun Agong may approve. (2) A judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the Yang di- Pertaun Agong but shall not be removed from office except in accordance with the following provisions of this Article. (3) If the Prime Minister, or the Lord President after consulting the Prime Minister, represents to the Yang di- Pertuan Agong that a judge of the Supreme Court oath to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or of any cause, properly to discharge the functions of his office, the Yang di- Pertaun Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recomme

PART IX - THE JUDICIARY 124 (1) The Lord President of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di- Pertuan Agong. (2) A judge of the Supreme Court or a High Court, other than the Lord President of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or transfer to another judicial office, not being that of Lord President. (3) A person taking the oath on becoming Chief Justice of a High Court shall do so in the presence of the senior judge available of that High Court, unless he takes it in accordance with Clause (4) as a judge of the Supreme Court. (4) Subject to Clause (3), a person taking the oath on becoming a judge of the Supreme Court shall do so in

PART IX - THE JUDICIARY 123 A person is qualified for appointment under Article 122B as a judge of the Supreme Court or as a judge of any of the High Courts if- (a) he is a citizen, and (b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another. 124 (1) The Lord President of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di- Pertuan Agong. (2) A judge of the Supreme Court or a High Court, other than the Lord President of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or tran

PART IX - THE JUDICIARY 122a (1) Each of the High Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the Yang di- Pertuan Agong by order otherwise provides, exceed- (a) in the High Court in Malaya, twelve; and (b) in the High Court in Borneo, eight. (c) (Repealed). (2) Any person qualified for appointment as a judge of High Court may sit as a judge of that court, if designated for the purpose (as occasion requires) in accordance with Article 122B. (3) For the dispatch of business of the High Court in Borneo in an area in which a judge of the court is not the time being available to attend to business of the court, the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court, or for an area in either State the Yang di- Pertua Negeri of the State acting on the advice of the Chief Justice of the court, may by order appoint to be judicial commissioner in that area for such period or for su

PART IX - THE JUDICIARY 122 (1) The Supreme Court shall consist of a president of the Court (to be styled "the Lord President of the Supreme Court"), of the Chief Justices of the High Courts and, until the Yang di- Pertuan Agong by order otherwise provides, of four other judges and such additional judges as may be appointed pursuant to Clause (1A). (1A) Notwithstanding anything in this Constitution contained, the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court may appoint for such purposes or for such period as he may specified any person who has held high judicial office in Malaysia to be an additional judge of the Supreme Court: Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty- five years. (2) A judge of High Court other than the Chief Justice may sit as a judge of the Supreme Court where the Lord President considers that the interests of justice so require, and the

PART IX - THE JUDICIARY 121 (1) Subject to Clause (2) the judicial power of the Federation shall be vested into High Courts of co- ordinate jurisdiction and status, namely- (a) one of the States of Malaya, which shall be known as the High Court in Malaya and shall have its principle registry in Kuala Lumpur; and (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principle registry at such place in the States of Sabah and Sarawak as the Yang di- Pertaun Agong may determine; (c) (Repealed); and in such inferior courts as may be provided by federal law. (2) The following jurisdiction shall be vested in a court which shall be known as the Mahkamah Agung (Supreme Court) and shall have its principle registry in Kuala Lumpur, that is to say- (a) exclusive jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decision of a High Court given by a registrar or other officer of the court and appealab

11 (1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it. (2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. (3) Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law. (4) State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam. (5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality. 12 (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the ground

9 (1) No citizen shall be banished or excluded from the Federation. (2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof. (3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence. 10 (1) Subject to Clauses (2), (3) and (4) - (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations. (2) Parliament may by law impose - (a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedie

8 (1) All persons are equal before the law and entitled to the equal protection of the law. (2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. (3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of the State. (4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority. (5) This Article does not invalidate or prohibit - (a) any provision regulating personal law; (b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing

7 (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

7 (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted. Source: Fedreal Consitution 1957

PART II - FUNDAMENTAL LIBERTIES 5 (1) No person shall be deprived of his life or personal liberty save in accordance with law. (2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him. (3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. (4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's authority: Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted r

(3) The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or - (a) if the law was made by Parliament, in proceedings between the Federation and one or more States; (b) if the law was made by Legislature of a State, in proceedings between the Federation and that State. (4) Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Supreme Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragra

PART I - THE STATES, RELIGION AND LAW OF THE FEDERATION 1 (1) The Federation shall be known, in Malay and in English, by the name Malaysia. (2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. (3) Subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day. (4) The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (no. 2) Act 1984, and both the said Federal Territories shall be territories of the Federation. 2 Parliament may by law - (a) admit other States to the Federation; (b) alter the boundaries of any State, but a law altering the boundaries of

Brief Introduction Malaysia has a unified judicial system, and all courts take cognizance of both federal and state laws. The legal system is founded on British common law. Most cases come before magistrates and sessions courts. Religious courts decide questions of Islamic law and custom. The Federal Court, the highest court in Malaysia, reviews decisions referred from the High Court of Peninsular Malaysia, the High Court of Sabah and Sarawak, and subordinate courts. The Federal Court, of which the yang dipertuan agong is lord president, has original jurisdiction in disputes among states or between a state and the federal government. The Federal Court consists of the chief justice, the two chief judges from the High Courts, and seven other judges. Administrative detention is permitted in security cases, in which certain other guarantees of due process are reportedly suspended. The judiciary has traditionally functioned with a high degree of independence. Most civil and criminal cases

Definition of Law all the rules of conduct established and enforced by the authority, legislation, or custom of a given community, state, or other group any one of such rules Common Law A system of law that is derived from judges' decisions (which arise from the judicial branch of government), rather than statutes or constitutions (which are derived from the legislative branch of government). Civil Law A legal system derived from Roman law and based on fixed rules and statutes rather than on a court’s interpretation of broad principles. Prominent in continental Europe, Latin America, Scotland, Quebec, and Louisiana. Natural Law A philosophical explanation of the origins of law, grounding it in purported external facts (such as biology, religious conceptions of right and wrong, and so on) rather than in human custom or practice.

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