The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.
The Executive Branch in Malaysia made law by the parliment by Parliament. Each part of the Executive has its own role to handle. It also held responsibility for the government administrative system, it has the authority to adjourn and dissolve the legislature. In the federal government, the Executive consists of conference of rulers, Yang di-PertuanAgong (YDPA), Prime Minister, Cabinet, Public Services. The Conference of Rulers is made up of the nine Rulers and the four Yang di-PertuaNegeri (Governors) of the States which do not have Rulers.
The act created the federal court system that we still use today. The act also outlined the powers and their relationships to the state court. The act also added the idea that court’s decision is final and that the Supreme court can settle the disputes between states. The Judiciary Act also made it that there was 13 lower courts beneath the Supreme Court. The other act that Washington signed and made to help the country was the Neutrality Proclamation.
Title - Explain and critically analyse the doctrine of separation of powers as it applies to the UK constitution Student Number - 14019464 Module code - UJUUKK-30-1 - Constitutional and administrative law Word Count - 2000 The separation of powers, together with the rule of law and parliamentary sovereignty is considered to be one of the most important and fundamental doctrines of the constitution of the United Kingdom. The separation of powers is a doctrine often described as the trias politica principle and it involves the allocation of powers to the three branches, namely the legislature, the executive and the judiciary and how the function between them. In this essay I have to explain and critically analyse the doctrine of the separation of powers as it applies to the UK Constitution.
Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government
Federalism started many moons ago around the time of the ratification of the Constitution. Federalism is essentially between the state and national government. It is stated that the national and state are both separate but have a solemn authority over the same people and area. Federalism seeks solutions of common needs of citizens while also taking care of their preferences and circumstances. There is a numerous amount of different types of federalism such as dual, cooperative, marble cake, competitive, permissive and the new federalism.
James Maddison proposed and implemented this scheme so that the rights and influences of each branches would be conditioned and balanced by the other parts, which gives Congress the right to passing law, the President the right of enforcing the law, and the Court to interpreting the law. Based on the Article I, II, and III of the constitution of the United Stated, the principle of separation of powers stipulates that the executive, legislative and judicial powers of the government should be divided into three different branches, rather than into one branch. Its purpose is to prevent power concentration and provide checks and balances. Thus, separation of power refers to dividing the responsibility into different branches to restrict any branch from exercising its core functions from another
The legislature consists of federal and state parliaments that have the main purpose of creating legislation. The executive consists of the federal and state government that enforce and administer the laws created by the legislature. The Judiciary is made up of federal and state courts and have the role of resolving disputes. The three arms of government aim to effectively uphold the functions of law. These are social cohesion, the upholding of shared beliefs and values, and social progress, which is the smooth transition from one generation to the next (Bailey, Bash, Cavouras, Rieuwers, 2005).
Parliamentary sovereignty, the philosophy of the Parliament being the supreme legal authority in the UK, which can create or abolish any law, is commonly considered to be the defining principle of the British ‘Constitution’. Other core principles of the British Constitution are often believed to incorporate the rule of law, the separation of government, and the existence of a unitary state, meaning ultimate power is held by ‘the center’ – the sovereign Westminster Parliament. However, some of these principles are to an extent fictional. The separation of powers is not fully distinguished between all three branches, and the Parliamentary sovereignty may have been challenged given the joint impact of the European Union, devolution, the Courts, and human
The legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution Prior to 1988, Article 121(1) of Federal Constitution provided as follows: Subject to Clause (2) the judicial power of the Federation shall be vested in two High Courts of co-ordinate jurisdiction and status, namely— (a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur; and (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;