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Term Paper Title[Image]
# of Words1555
# of Pages (250 words per page double spaced)6.22
                                   [Image]

                           THE MALAYSIAN JUDICIARY

[Image]

[Image]Status of the Court

[Image]Constitution of and Appointment to the Court

[Image]Administration of the Court

[Image]Inauguration of the Court

[Image]History ofthe Court

[Image]Operation of the Court

[Image]Hearing of Cases

[Image]

[Image]Status of the Court

The Federal Court of Malaysia is the highest judicial authority and the
final court of appeal in Malaysia. The country, although federally
constituted, has a single-structured judicial system consisting of two parts
- the superior courts and the subordinate courts. The subordinate courts are
the Magistrate Courts and the Sessions Courts whilst the superior courts are
the two High Courts of co-ordinate jurisdiction and status, one for
Peninsular Malaysia and the other for the States of Sabah and Sarawak, the
Court of Appeal and the Federal Court. The Federal Court, earlier known as
the Supreme Court and renamed the Federal Court vide Act A885 effective from
June 24, 1994, stands at the apex of this pyramid.

Before January 1, 1985, the Federal Court was the highest court in the
country but its decisions were further appealable to the Privy Council in
London. However on January 1, 1978, Privy Council appeals in criminal and
constitutional matters were abolished and on January 1, 1985, all other
appeals i.e. civil appeals except those filed before that date were
abolished.

The setting up of the Court of Appeal on June 24, 1994 after the Federal
Constitution was amended vide Act A885 provides litigants one more
opportunity to appeal. Alternatively it can be said that the right of appeal
to the Privy Council is restored, albeit in the form of the Federal Court.

The Special Court was established on March 30, 1993 vide Act A848, now
provided for in Article 182 of the Federal Constitution. All offences
committed by the Rulers (the Rulers being the monarchical heads of the
component states of the Federation of Malaysia) including His Majesty the
Yang di-Pertuan Agong (the King) shall be heard by the Special Court. The
Special Court shall also hear all civil cases by or against them. This Court
shall be chaired by the Chief Justice of the Federal Court and he shall be
assisted by four other members, namely the two Chief Judges of the
respective High Courts and two other persons appointed by the Conference of
Rulers who hold or have held office as a judge.

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        [Image]Constitution o...

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