• Both have constitutions, which present the powers of the Federal Government. • Both have an independent judiciary (Supreme Court in U.S, High Court in Australia), which interprets the constitution Differences: • The U.S is a republic, whereas Australia is a constitutional monarchy (Where the Queen acts as head of state). The U.S president is both head of state and head of government and is directly elected by the people. Australia’s head of state is the British monarch who is represented by a Governor-General chosen by the Prime Minister. • In Australia, the government is drawn from the parliament and responsible to it, whereas in the U.S the Executive branch of government is independent.
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice. 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.
In Malaysia, the court at the top of the hierarchy is the Federal Court. This means that all the courts are bound by its decision. Next is the Court of Appeal, then the two High Courts, and then the subordinate courts. The courts may not decline to follow the higher court’s decision on grounds that it is wrong or rendered obsolete by changing conditions or even by per incuriam. A case where the vertical operation was applied is in Harris Solid State (M) Sdn Bhd & Ors v Bruno Gentil s/o Pereira .
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.
It involves the administration of justice through the courts and the interpretation and application of the law enacted by the parliament as well as responsible for the proper function of the rule of law, that the executive acts within the framework of the law with the assistance of the Judicial Review. Blackstone observed that justice can not be administered if the judiciary is not separated in some form from the other two powers. Prior to the Constitutional Reform Act 2005 the appointment of the judges was performed by the Queen. What is more, the judiciary was subject to the socio-economic and educational background, that is, middle aged white male, from a middle or upper class background with Oxford or Cambridge education. After the 2005 Act, the selection of the judges is subject to the Judicial Appointments Commissions.
Madison, the Constitution called for the creation of a federal government with the following three branches which include the legislative, executive, and judiciary. Article I created Congress, the legislative, lawmaking, body. Article II created the office of the President, who executes, or carries out, the laws. Article III created the federal court system that consist of one Supreme Court and other lower courts. The meaning of Article III was left open to interpretation.
Now, the Iraqi government is a multi-party system that consists of three branches: the judicial, executive, and legislative branches. Judicial duties are performed by the Supreme Court and other federal courts, executive duties are performed by the citizen-elected prime minister and president, and legislative duties are performed by the Council of Representatives and the Federal Council. Since 2014, the current prime minister is Haider al-Abadi, and the current president is Fuad Masum.
“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny.”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size. Federalism helped the Constitution guard against tyranny by specifying which powers belong to the Federal government and which ones belong to the State government.
Jamaica’s Legal System The Jamaican legal system is known as a “common law” system. The common law system is one of three major types of legal systems in the world. The common law system originates in England and in its earliest form was based on societal customs and norms recognized and enforced by the judgments and decrees of the courts. The common law system became therefore the law (customs, statutes and judicial decisions) common to all of England. Jamaica as does the rest of the commonwealth Caribbean has a common law legal system inherited from England.
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;