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Malaysian legal system - Coggle Diagram

- - - - Art 4 of F.C:-
        This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void
      - The supreme law of the land
      - -the power of the federal and state governments
        -the fundamental rights of the individual etc
      - -can only be amended by a 2/3 majority of Parliament
    - - Each state has its own constitution regulating the government of the state
      - Comprises of provisions which are enumerated in the Eight Schedule to FC
      - Includes matters concerning the Ruler, the Executive Council, the Legislative Assembly, State Employees
    - - It refers to laws made by a body which has the power to make laws i.e Parliament at Federal level and State Legislative Assembly at State Level
      - -Laws made by Parliament are applicable throughout Malaysia.
        -laws made by State Legislative Assembly can only be applied to that particular state
      - Various terms in reference to legislation
        
        Acts : laws made by Parliament after Malaysia’s Independence in 1957.
        
        Ordinance : laws made by Parliament after 1946 but before 1957.
        
        Enactment : laws made by State Legislative Assembly (except in Sarawak; its laws are called Ordinance).
    - - It refers to laws made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies
      - Example : parking by-laws enacted by local authority.
  - - - Has been in Malaysia due to the British Colonial rule
      - Though the British empire is no longer in existence, the English legal principles had been indirectly applied by judges to the local conditions in the absence of local legislation
    - - decisions made by judges previously in other case on similar facts.
      - 2 types of precedents
        
        Declaratory : a judge applies existing rule without extending it.
        
        Original : no previous decision made by other judges, then the judge made decision based on justice, equity and good conscience.
  - - - The high court
        
        There shall be 2 High Courts of co-ordinate jurisdiction and status namely :-
        
        i. High Court of Malaya
        
        ii.High Court of Sabah and Sarawak.
      - The court of appeal
        
        “There shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) …”
      - The federal court
        
        the highest judicial authority and the final court of appeal in Malaysia
    - - The magistrate's court
      - The sessions court
    - - Special court
      - Native court
      - Court for children
      - Penghulu's court
      - Martial court
      - Shariah court
      - Industrial court