Jurisdiction Of High Court In Malaysia
The high court in malaya consists of a chief judge and forty seven judges whilst high court in sabah and sarawak consists of a chief judge and ten judges.
Jurisdiction of high court in malaysia. There are generally two types of trials criminal and civil. The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia. Hence this forms two different local jurisdictions of courts for the peninsular malaysia and also for the east malaysia.
Jurisdiction chief justice. The malaysian legal system hierarchy is explained below. This is the highest court in malaysia and hears appeals of civil decisions of the court of appeal where the federal court gives the permission. There are two 2 high courts having coordinate jurisdiction in malaysia namely the high court in malaya malay.
The appellate courts are made up of the high court the court of appeal and the federal court. Magistrates court and sessions court. The jurisdiction of the courts in civil or criminal matters are contained in the subordinate courts act 1948 and the courts of judicature act 1964. Location of high court in malaysia subordinate court background historical background hierarchy jurisdiction the registrar s office of the.
Decide on disputes on any other question between states between federation any other states in malaysia. Jurisdiction of court in malaysia by anis shuib 1. This court also hears criminal appeals but only on those cases when first the high court has exercised its original jurisdiction in the matter. The magistrates court s jurisdiction can be found in the subordinate courts act 1948 sca 1948.
The article 121 of the constitution presents two high courts of equivalent jurisdiction the malaysian high court and the high court in sarawak and sabah. The magistrates court the court for children and the sessions court are subordinate courts. Determine law made by parliament legislature of a state is valid invalid. In malaysia there are two high courts having coordinate jurisdiction and status that is the high court in malaya and the high court in sabah and sarawak.
The high courts in malaysia are the third highest courts in the hierarchy of courts after the federal court and the court of appeal article 121 of the constitution of malaysia provides that there shall be two high courts of co ordinate jurisdiction the high court in malaya and the high court in sabah and sarawak before 1994 the high court in borneo. The high court may act as a court of first instance and appellate court. The federal court of malaysia in the highest court of the land. With this quick breakdown in mind let s dig deeper into the respective courts.