The Written Law, which is the major law in Malaysian legal system comprises of The Federal Constitution, Legislation and Islamic law. Altogether there are fourteen constitutions which is the Federal Constitution and the thirteen State Constitutions. The Federal Constitution is the supreme law of the federation and it measures the validity of all other laws. Any law inconsistent with the Federal Constitution may be challenged in court. The Federal Constitution embodies British and Indian constitutional concepts and traditional Malay elements.
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 reason why I think the constitution should be ratified because of the separation of powers. All the branches had more than one job to do. The legislative(congress) writes the laws, confirms presidential appointments. The Executive(president) proposes laws, administers the laws and appoints ambassadors and other officials. Last the Judicial(supreme court) Interpret the constitution and other laws and reviews lower-court decisions.
The most important source of law is Statutory law. “Statutory Law is the term used to define written laws, usually enacted by a legislative body. Statutory laws vary from regulatory or administrative laws that are passed by executive agencies.” Precedent is procedural law, and Statutory law is Substantive law. Let’s use an example to understand and differentiate between substantive and procedural law. If a person is accused and undergoing a trial, substantive law prescribes the punishment that the under-trial will face if convicted.
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.
Reserved powers include providing police and fire protection, establishing schools, hold elections, pass marriage and divorce laws, and regulating business within the state. Both the federal and state governments have some exclusive power of their own while sharing other powers also. Powers given to both of the governments is the power to collect taxes, build roads, establish courts, make/enforce laws, etc. Federalism is one of many characteristics that have allowed the Constitution to be prosperous for many years because it divided the powers between the central government and the state
According to Jeremy Bentham, the word ‘constitution’ was used to refer to as ‘the aggregate of those laws in a state which were styled collectively the public law’. This implies that every state in the world has a constitution in the original sense of the word, by which is meant the body consisting of the rules and the arrangements concerning the government of the country. A constitution is further explained by Chief
In a nutshell, legal tradition is the basis or historical root of a country’s legal system. There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society….
Many of the court’s decisions were controversial, and critics have charged that justices/ judges have written their own values into the constitution. There are several restrictions on the exercise of judicial review courts may strike down unconstitutional laws only when cases are brought to them. In the absence of a case, judges may not issue advisory opinion – that is, they may not say what they think a constitutional rule means or whether a law is invalid, moreover not every case presents the possibility of judicial review. The parties seeking review must have “standing”- that is, they must be the ones actually affected by the law in question. Also, the dispute must be “ripe” – a person may not ask a court to void a law if it has not yet been applied to that person.
1. What three branches were created by the Constitution? The three branches that were created by the Constitution are the Legislative Branch, Executive Branch, and the Judicial Branch. 2. Which branch of government makes the country 's laws?
Date Assignments and Case Analysis in Business Law Chapter 3: What is the fundamental nature of the American court system? The primary character of the courts is that its foundation is on jurisdictions, which determines the authority of a court over a case. Under what circumstances might a federal court have jurisdiction to hear a case? Federal courts have jurisdiction over cases that involve the constitutionality of the law or a case involving two disputing states. Under what circumstances might the U.S. Supreme Court hear a case?
They had explained that the National Firearm Act of ‘34 attempted to usurp police power reserved to the States by taxing items and also that the United States had the power to regulate the types of guns which they argued violated the Second Amendment. The court summarily dismissed – with a paragraph of case citations – "the objection that the Act usurps police power reserved to the States". According to The U.S. v Miller Case, Revisited the cases cited showed that Congress could impose taxes as it saw fit, if such taxes were meant to raise meaningful amounts of revenue, even if the States had the powers to regulate possession of or commerce in the items in question. Justice McReynolds then dealt with the remaining matter, the scope of the Second Amendment. In a single paragraph the Court narrowly defined the issue.
The executive branch is the President and executive officers. Article lll, makes the judicial branch which is the court system to interpret the laws. The judicial branch is the Supreme Court and the lower courts made by Congress. Article lV, talks about the states. It talks about the responsibilities the federal government has for each state and the duties the states have.
The Constitution outlined for the government the powers of the federal government and the powers of the state governments. These are called the enumerated and reserved powers. National supremacy is achieved when the national or federal government prevails over the rulings of the state government. The Constitution outlined for the United States the rights and powers the government holds over its