Please enable JavaScript.
Coggle requires JavaScript to display documents.
FEDERAL COURT - Coggle Diagram
FEDERAL COURT
Federal Court is the highest court in Malaysia
4 types of jurisdiction:
Appellate
Article 128(3) Federal Constitution:
The jurisdiction of the Federal Court to determine appeals from the Court of Appeal
A High Court or a judge thereof shall be as may be provided by federal law.
Reference
Article 128(3) Federal Constitution:
“ Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination”.
Original
Article 128(1) Federal Constitution :
The Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction:-
any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which parliament or, as the case may be, the legislature of the State has no power to make laws
disputes on any other question between states or between the Federation and any State.
Advisory
Article 130 Federal Constitution :
“The Yang Di Pertuan Agong may refer to the Federal Court for its opinion may question as to the effect of any provision of this constitution which has arise, and the Federal court shall pronounce in open court its opinion in any question so referred to it”.
Composition of the Federal Court
Chief Justice (President of the Court)
President of the court of Appeal
Chief Judge of High Court Malaya
Chief Judge of High Court Sabah & Sarawak
7 Federal Court judges
When hearing a case, the Court will consist of not less than three judges. If more is needed, it has to be of an uneven number.