Beruflich Dokumente
Kultur Dokumente
MALAYSIA
AHMAD
HANIS AHMAD
AFIQ AHMAD FAREZ
AMIR
AZFAR
WHAT WILL WE TELL YOU……
Judicial Independence?
THE
JUDICIARY
“The judicial Power of the United States, shall be vested in one supreme Court, and in
such inferior Courts as the Congress may from time to time ordain and establish .”
- ARTICLE III
As early in 1066, Curia Regis or the King’s Court, consisted of tenants-in-
chief and ecclesiastics heard cases from the people with the King, forming
the Coram Rege (later developed into the Court of King’s Bench). In 1178 as
judicial workload grew, all common pleas were moved to a separate court
– called Court of Common Pleas. In 1215, King John of England signed the
Magna Carta, establishing that Common Pleas shall not follow the King.
ROLES OF THE COURT
To interpret the
Federal
Constitution
and State
Constitutions
To declare any
laws or
To hear and government
determine both actions as null
criminal and civil and void
matters (inconsistent
To interpret with Federal
statutory laws Constitution)
passed by
Parliament or
State
Legislatures
WHAT DID MONTESQUIEU DREAMED ABOUT?
There are presently 8 Court of Appeal Judges excluding the President of the
Court of Appeal. There are 48 Judges (including Judicial Commissioners) for
the High Court in Malaya and a further 7 Judges (including Judicial
Commissioners) for the High Court in Sabah and Sarawak.
At the Subordinate Court level, there are 60 Sessions Court Judges of which
52 are in Peninsular Malaysia and 4 each in Sabah and Sarawak. At the
Magistrate Court level, 151 posts have been approved (122 posts in Peninsular
Malaysia, 10 posts in Sabah, 1 post in Labuan and 18 posts in Sarawak) of
which 138 posts have been filled and presently there are 118 magistrates in
Peninsular Malaysia, 7 magistrates in Sabah, 1 magistrate in Labuan and 12
magistrates in Sarawak.
WHO'S WHO ON THE BENCH?
Here are the list of past Lord Presidents and Chief Justices of Malaysia:
THE JUDGE
“If the PM or the CJ after consulting the PM represents to the YDPA that a judge
of the federal court ought to be removed on the ground of any breach of any
provisions of the codes of ethics prescribed under clause (3B) or in the ground
of inability from infirmity of body or mind or any other caused properly to
discharge the functions of his office, the YDPA shall appoint a tribunal in
accordance with (4) and refer the representation to it : and may on the
recommendation of the tribunal remove the judge from office. ”
b)guarantees on the judges’ remuneration and terms of office, Art 125(7)
“The remuneration and other terms of office (including pension rights) of a judge of a federal
court shall not be altered to his disadvantage after his appointment”
“The conduct of a judge of the Federal Court, The Court Of Appeal, 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 not less than one quarter of the total number of members of that
house and shall not be discussed in the legislative assembly of any state.”
“The Federal Court, The Court of Appeal, or a High Court shall have the power to punish any
contempt of itself.”
JUDGING THE JUDGES
US Supreme Court
&
Judiciary in the United Kingdom
HOW THAT OLD MAN GOT SACKED
PRETTY BADLY...
Its all started on 24 April 1987 when Dr. Mahathir
won the election…