THE JUDICIARY

(THE COURT)

Chief Justice YAA Tun Dato’ Seri Arifin bin Zakaria

(Dato’ Lela Negara) Born on 1st Oct. 1950, Kg Repek, Pasir

Mas Kelantan 12th Sept - Current

ROLE AND JURISDICTION Defend justice for everyone Guided by the Federal Constitution

ROLE (CONT’D)

Areas of jurisdictio

n

Interpret the Constitution

Interpret law

Proclaim a Federal or State law Invalid

Declare a government action as invalid

Tun Mohamed Suffian Hashim (Lord President of Supreme

Court, 1974-1982)

JUDICIAL SYSTEM STAGESFederal Court

•Consists of Chief Justice, 4 judges and a number of additional judges•Validate the law•Settle disputes (Federal vs. States / between states) •Deliberates on appeal of civil and criminal cases•Advises the Yang di-Pertuan Agong

High

Court

•Headed by the Chief Judge•Hear cases with death penalty•Hear civil cases (matrimonial, bankruptcy, guardianship)

Lower

Court

•Session Court, Magistrate court, “Penghulu” Court, District Court, Juvenile Court, Syariah Court, Industrial Court

Court Hierarchy

Freedom of the Court Free from political influence or pressure Constitution guarantee the court from

being controlled Article 127 – behavior of the judges

cannot be simply discussed in any Parliamentary Council

Article 126 – protects the high position of the court

THE EXECUTIVE BODY Sultan and Yang Dipertua Negeri – Head

of a state and symbolizes the sovereigntySultan Raja Yang Dipertuan

BesarYang Dipertua Negeri

Selangor Perlis Negeri Sembilan Malacca

Perak Penang

Pahang Sabah

Johore Sarawak

Kelantan

Kedah

Terengganu

Authority Appointment of Menteri Besar Assent to the request for dissolving the State

Legislative Assembly Request Rulers Council to meet - special rights,

position, sovereignty, supremacy, religious acts, practices, and ceremonies

Head of Islamic Religion or Malay Customs Appointment of heir, queen, acting ruler Appointment of people holding ranks, titles, honours

and designation Making rules relating to the royal audience hall and

palace

State Executive Council Federal Level – State Cabinet Peninsular – State Executive Council Sabah – Cabinet Sarawak – Supreme Council

Authority Forming state policies and

implementation Advisor Cabinet – Ministry State Executive Council - Portfolios