MALAYSIAN LEGAL SYSTEM

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MALAYSIAN LEGAL SYSTEM by Mind Map: MALAYSIAN LEGAL SYSTEM

1. Judicial Precedent

1.1. Superior Courts

1.1.1. Federal Court

1.1.2. Court of Appeal

1.1.3. High Court

1.2. superior court are sources of law, court that decide on matter law

1.3. subordinate courts generally decide on matters of facts

1.4. known as doctrine of binding judicial precedent or the rule of stare decisis

1.4.1. a) vertical ( a court is bound by the prior decision of a higher court)

1.4.2. b) horizontal ( some courts are bound by their own prior decisions and prior decision of a court of the same level, whether past or present, if any )

1.4.3. FEDERAL COURT (FC)

1.4.3.1. decision of federal court bind all lower courts

1.4.4. COURT OF APPEAL (COA)

1.4.4.1. bound by decision of FC

1.4.4.2. binding on all lower courts

1.4.4.3. bound by its own decision

1.4.5. HIGH COURT (HC)

1.4.5.1. binding on all subordinate courts

1.4.6. SUBORDINATE COURT (SC)

1.4.6.1. bound by the decision of the superior courts

2. Subsidiary Legislation

2.1. Section 3 Interpretation Act 1948

2.1.1. any proclamation, rule, regulation, order, notification, by law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect

2.2. made by persons or bodies under powers conferred on them by Acts of Parliament or Enactment or State Assemblies

2.3. includes rules or regulations enacted by an authority or body ( other than Parliament or State Assemblies )

2.4. the process is faster than procedure to make law either in the Parliament or State Assemblies

2.5. made by experts specific areas

2.6. made in contravention of either parent Act or the Constitution is void

2.7. examples

2.7.1. Akta Juruanalisis Makanan 2011 -> Peraturan-peraturan Juruanalisis Makanan 2103

2.7.2. Food Act 1983 -> Food regulation 1985