Judicial Precedent in Malaysia

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STAMFORD COLLEGE MALACCA

SCHOOL OF BUSINESS

FOUNDATION STUDIES IN BUSINESS

(A6433)

FSB 114: INTRODUCTION TO LAW (ITL)

Outline the main features of judicial precedent in Malaysia

STUDENT NAME                          :        DHARSHINI DEVI D/O PERIASAMY

STUDENT ID                :        2140161

SEMESTER                         :        3

LECTURER’S NAME                        :        MR. RANJNESH RAJAN PILLAY

DATE OF SUBMISSION                        :        9 FEBRUARY 2015, 8.30 A.M. 

All decisions by judges on questions of law are precedents, but the value and weight of a precedent depends on a variety of factors. The most important of these factors is the seniority of the court which decided the case. At this stage it is important to realise that the rationable for the common law to be referred to as a source of law is that, establish by judges, it has binding effect on lower courts. (Marson, J, 2013).

Prior to 1998, Article 121(1) of the Constitution provides that the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and such inferior courts as may be provided by Federal law. (Pheng L.M, 2009). However, the Constitution was amended Act 1994 (Act A885) and Article 121 (1) no longer provides for the ‘vesting’ of judicial power in the High Courts, but merely states that there ‘shall be two High Coutrs, of co-ordinate jurisdiction and status’, and such inferior courts as may be provided by federal law. A new clause (1A) to Article 121 provides that the courts referred to in clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts. Article 121(2) states that there shall be a court known as the Federal Court which shall have the jurisdiction, inter alia, to determine appeals from decisions of the Court of Appeal, of the High Court of a judge thereof, such original or consultive jurisdiction as is specified in Article 128 and 130. (Pheng L.M, 2009).

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, which is the highest level. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A Magistrate's Court and a Court for Children are presided by magistrates. There are also various other courts outside of the hierarchy. There are the Penghulu's Courts, the Syariah Courts and the Native Courts. A court, which is paralleled in jurisdiction with the Magistrates' Court, is the Juvenile Court. (P.H. Richards, 2012).