Role Of Judiciary In 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 judicial branch consists of all of the national courts and is responsible for interpreting the laws, punishing criminals and settling disputes between the states. The judicial branch also reviews lower court decisions. These three branches of government are a checks and balance system for each

State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states. Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side; a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact. State National Guards (air and army), can convene summary and special courts martial for state-level, peacetime military offenses committed by non-federalized Guard Airmen and Soldiers, in the same manner as federal courts martial proceed.

Last the Judicial(supreme court) Interpret the constitution and other laws and reviews lower-court decisions. In document C it talks about how the U.S. constitution is separated in three parts/branches. The legislative(congress), Executive(president) and the Judicial(supreme

Today the US government has a legislative branch, an executive branch (commander in chief), and a judicial branch. Each branch doesn’t have more control than the other nor does it full power. Based on James Madison, “...Liberty requires that the three great departments of power should be separate and distinct.” The legislative branch is responsible for making laws, controlling money, raising an army, impeach(fire) the commander in chief, declare wars, etc. The second branch, the executive branch is also known as the president. The president is responsible to grant pardons to criminals, make treaties, enforce laws, be in charge of the country’s army/navy, appoint federal judges, etc.

The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has. Article one is about the Legislative branch, the second article is about the Executive branch, and third article is about the judicial branch.

The three principle branches of the administration are the legislative, the executive and the judicial branches. When it is disentangled, the legislative branch is in charge of making laws, the executive branch is in charge of completing the laws and the judicial branch is in charge of assessing the laws. These branches can speak to the general population of each of the states and work toward their best advantage to make laws. The fundamental forces of the President is the ability to sign enactment from Congress into law or to veto it.Other obligations of the President incorporate strategy with different countries, including marking bargains, and the ability to give exculpations to hoodlums of government wrongdoings. To further adjust power and to keep a lot of force from any one individual, any individual is restricted to two four-year terms of being President.

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).

“Separation of powers” introduces the concept where major institutions run by the state should be functionally independent and that no individual should have powers that cross between these offices. The principal institutions are in most cases supposed to be the executive, the legislative and the judiciary. One of the earliest and clearest statements of the separation of powers was given by Montesquieu in 1748 in his book The Spirit of the Laws: When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty... there is no liberty if the powers of judging is not separated from the legislative and executive... there would be an end to everything, if the same man or the same

Malaysia practices a variety of law. The law is practiced in this country are as customary law, common law and Islamic law. Tradition and culture are also an important source of law in our country which is a source in the court case. History of the existence of law in our country has begun before the country reached independence. Sources of law in Malaysia is divided into two, namely the written laws and unwritten.