ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A Faculty of Syariah and Law
LBA 1043 Malaysian Legal System II
© Muhammad Nizam Awang @ Ali
Superior Court
Federal Court
Discussion Points
Constitution Original Jurisdiction Appellate Jurisdiction Consultative (Advisory) Jurisdiction Referral Jurisdiction Legislation: Federal Constitution & CJA 1964
Constitution Art 121(2) – Judicial power of Federal Court Appellate jurisdiction (from C/A or HC Original/ consultative (referral) jurisdiction Other jurisdiction conferred by/ under federal law
Art 122 (1) – Composition of FC Members Chief Justice of FC Chief Judges of HC 7 other judges
Original Jurisdiction
Art. 128(1)
Validity of law made by Parliament/ State Legislature
s.81 CJA 1964 s.82 CJA 1964
Disputes between State and Federation @ between States
Cases in Discussion Assa Singh v Menteri Besar Johor [1969] 2 MLJ 30 Read also: Govt of Malaysia v Govt of State of Kelantan [1968] 1 MLJ 129
Appellate Civil Jurisdiction Federal Court s.96
Court of Appeal s.97
High Court
Appellate Criminal Jurisdiction s.87 (1) Appeal involves question of law @ Law + fact
Federal Court
s.87 (3) Court of Appeal
s.90 (1) High Court
Cases in Discussion Megat Najmuddin bin Dato’ Seri (Dr) Megat Khas v. Bank Bumiputra (M) Sdn Bhd [2002] 1 MLJ 385
Advisory Jurisdiction Art. 130 Federal Court may give opinion on constitutional matters referred to by YDPA Case in discussion: Govt of M’sia v. Govt. of the State of Kelantan [1968] 1 MLJ 129
Referral Jurisdiction s.84
Federal Court
s.85 s.86
Pending the decision on referral jurisdiction, the court may stay proceeding
Court of Appeal
High Court
Subordinate Courts
Recap Constitution Original Jurisdiction Appellate Jurisdiction Consultative (Advisory) Jurisdiction Referral Jurisdiction
Next lesson
Special Courts Court of Rulers Legislation: Federal Constitution