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Hierarchy of Courts in Malaysia
Hierarchy of Courts in Malaysia
HIERARCHY OF COURTS IN
MALAYSIA
This
by: Reenu & Valrin
HISTORICAL DEVELOPMENT OF
JUDICIAL SYSTEM IN MALAYSIA 1994
Modern system reforms in judiciary:
(i) 3 tier system of courts introduced
(ii) 2 tier appeal process established
(iii) The tile of Lord President is changed to
1808 Supreme Court was introduced in parallel with the 1 st Charter of Justice (1807) Chief Justice
(iv) In 1995, the cessation of trial by jury
A centralized judiciary is established for the Straits Settlements (Penang, and accessors
1826 Malacca, Singapore) under the 2 nd Charter of Justice
Supreme Court was replaced with the
1855 3 Charter of Justice was introduced where it separated the centralized into 2:
rd
1964-1993 Federal Court and 3 high court of
(i) Penang & Malacca coordinate jurisdiction.
(ii) Singapore In 1965, Singapore departed from M’sia
leaving the remaining High Court of Malaya
and High Court of Borneo in place
1868 The judiciary is separated from the executive
1946 The courts of Ordinance was introduced and changed from Inferior Courts to Subordinate Courts
Supreme Court composed of High Court and Court of Appeal under the 1948 Agreement. Independence of M’sia brought into existence
1948 Decision of Court of Appeal is appealable to Privy Council 1957 the Federal Constitution in 1963
Hierarchy of Courts in
Malaysia
COURT FEDERAL
CONSTITUTION
JURISDICTIONS
REFERENCES
COURTS OF
JUDICATURE ACT 1964
JURISDICTION OF SUPERIOR COURTS
Federal Court
Disputes on any other question between States or between the Federation and any State
(Article 128(1) of the Federal Constitution)
Any constitutional questions which have arisen in the proceedings of the High Court but referred to the Federal
Court for a decision
The YDPA may refer to the Federal Court for its opinion any question as to the effect of any provision of this
Constitution which has arisen or appears likely to arise, and the Federal Court shall pronounce in open court its
opinion on any question so referred to it
JURISDICTION OF SUPERIOR COURTS
Court of Appeal
Headed by the An appellate court of the
The second highest President of the Court of judiciary system in Malaysia and
court in the Appeal and constitutes up Has no power to
to ten Court of Appeal has jurisdiction to hear appeals
hierarchy below the review, re-open or
Judges. Every proceeding in against any High Court decision
Federal Court re-hear any appeal
the Court of Appeal shall relating to criminal matters. In
has been heard and
be heard and determine by civil matters also the court of
disposed of by the
three judges or such a Appeal has jurisdiction to hear
Court of Appeal
greater uneven number and determine
The final court of of judges
appeal on matters
decided by the High
Court in its appellate However, no appeal 1. If the amount or
or revisionary shall be brought to value of the subject
4. Where by virtue of
2. The judgment or
jurisdiction the Court of Appeal
matter of the claim is
order is made by
3. The judgment or any written law the
less than RM250, 000 order relates to costs judgment or order of
in the following except with the leave consent of parties
only the High Court is final
cases: of the Court
JURISDICTION OF SUPERIOR COURTS
HIGH COURT
• The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate
Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters
• The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM1,000,000, other
than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters
relating to:
1. the validity or dissolution of marriage (divorce) and matrimonial causes,
2. bankruptcy and matters relating to the winding-up of companies,
3. guardianship or custody of children,
4. grants of probate, wills and letters of administration of estates,
5. injunctions, specific performance or rescissions of contracts,
6. legitimacy of persons.
Have unlimited jurisdiction in all criminal matters other than matters involving Islamic law
Heard by a single judge / judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are
appointed for a term of two years, and do not enjoy similar protection under the Constitution
Case Law Federal Court
Court of Appeal
1. Federal Court: Lina Joy case (2007)
A woman named Lina Joy, who had renounced Islam and embraced Christianity, applied to remove High Court
the word “Islam” from her identity card.
The National Registration Department (NRD) refused her application, insisting that she must produce
a certificate of apostasy issued by the Shariah court. The case went through the High Court, the Court
of Appeal and even the Federal Court, where the NRD’s position was upheld.
2. Court of Appeal: Khamis and Ors v State Government of Negeri Sembilan and Ors
The Appellants were described in the case as Muslim men who were not “normal males” because
they have “Gender Identity Disorder” (GID)