COURTS IN MALAYSIA

1. INTRODUCTION

The judicial power is exercised through a system of courts. The courts are supreme in the sense they are independent of control by anybody. The courts can pronounce on the legality or otherwise of executive acts of government, federal or state as well as any law passed by parliament and state legislatures. The courts can also interpret the meaning of any provision of the constitution. The constitution of courts in Malaysia could be found in various legislations:

a. Article 121 of Federal Constitution

b. Courts of Judicature Act 1964

c. Subordinate Court Act 1948

The courts are:

• Federal Courts

• Court of Appeal

• High Courts

• Session Courts

• Magistrate Courts

The Federal Courts, Court of Appeals and High Courts are superior courts. They were established by Article 121 of Federal Constitutions. The jurisdiction of Federal Courts and Courts of Appeals is defined by Federal Constitution and Courts of Judicature Act 1964 (revised 1972). The jurisdiction of High Courts is defined by Courts of Judicature Act 1964.

The courts below High Courts are inferior or subordinate courts. They are established by and derive their jurisdictions and powers from Subordinate Courts Act 1948 (revised 1972).