The Malaysian Legal System

1. Introduction

Malaya obtained independency on August 31, 1957 from British colonial regulation. Malaya was established in September 16, 1963. It is made up with 13 provinces and three federal districts constituents. Malaysia belongs to a parliamentary monarchy. The supreme caput of the state is called the Yang Di-Pertuan Agongi??YDPAi?‰ . YDPA is selected by rotary motion from the council of swayers. The authorities is made up of the House of Representatives or the alliance, and the leader is called the premier curate. The authorities can supply a stable societal environment in the procedure of industrialisation. The subdivisions of authorities are Legislative, Executive and Judiciary. Each has its ain function, and they do non overlap. The Legislature can be driven into two parts: Federal degree and State degree. The Executive besides has the same parts. The Judiciary has different several degrees. With the development of economic, it will be really good to the democratic procedure.

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2.1 Legislative


The Federal Level includes YDPA, the Senate and the House of Representative. The first of import point is the Yang Di-Pertuan Agongi??YDPAi?‰ .


YDPA is the supreme caput of the state and can keep the station for five old ages. If he withdraws from the place or decease or has other state of affairss, the period will be shortened. The choice has several different criterions. For illustration, YDPA must be selected by rotary motion from the Council of Rulers. One of the of import is having more the council’s members’ support. Of class, YDPA has discretional power. He can inquire for the meeting of swayer council and appoints premier curate harmonizing to his desire.

The Senate

The 2nd of import point is the Senate. It is made up of 69 members. They are chosen from different place. Two of them come from the province legislative assembly, and most of them are chosen by YDPA. They can debate and look into on the measures which are already passed by the House of Representative. But if they do non go to the meeting more than 6 months without sensible account or permission, their rights will be deprived.

The House of Representative

The 3rd of import point is the House of Representative. The members here are known as “Yang Berhormat” . The members are more than the Senate, and has 193 members. They responsible for pulling up the measures and argument with them. If they besides do non go to the meeting, they will hold the same consequence. Of class, if they do non work, they can compose a surrender missive to the Yang Di-pertuan House of representative.

2.1.2 STATE Degree


The Ruler is the caput of thestate, and hemanages the relevant things which in his ain province. Themain maps of the swayer is to existence the province ‘s legislative assembly with the determination, when it is necessary, he will hold the right to fade out the province legislative assembly.At the same clip, he has an importantauthority to name and take the main curate. In add-on, he has the duty to take the Islamic faith or local usage. Besides, a province which does non hold a Ruler can be called Yang Diperdua Negeri.

State Legislation Assembly

About the State Legislative Assembly information, 13 provinces have their ain State Legislative Assembly and so far there have been more than 20 old ages. State Legislative Assembly’s responsible for outlining the transcript and discussed, better the bill of exchange and can non stand for more than one voter’s sentiment. Besides be known as “Yang Berhormat” . Strictly in conformity with the commissariats of, can the really good driving power of State Legislative Assembly, to go better.

2.2 Executive



YDPA is the caput of the state supreme that we already discussed.

Council of the Rulers

Following is Council of the Rulers, it consists of all swayers as members and the map of the Council of the Ruler is that Every five old ages selected YDPA, the members of the council of the swayers can vote to take the YDPA and besides can force out the YDPA which does non give the part to the state, but merely the familial swayer has the right to vote the YDPA. Except that, the Parliament besides has a responsibility to protect the legal position of the Malay and Islam.

Prime Minister and Ministers

The 3rd constituent is Prime Minister and Ministers. It is the leader of the administrative office in Malaysia, chosen by the YDPA and the YDPA must name a member of the House of Commons which has congressional bulk support as premier curate. In add-on, the curate is proposed by the premier curate so the YDPA decided to choose him to assist the premier curate to take part in decision-making, at the same clip, the curate and his sections need to execute the orders of their superior.


Cabinet is an administrative agencyof the Malayan authorities, the subsidiary of cabinet can be divided into many sections, and each section has to exert their relevant duties besides they have a common responsibility. At the same clip, the cabinet can find the authorities ‘s policies. Besides, the cabinet members must be elected from the Congress, the YDPA will be harmonizing to the list, whichsubmittedby the premier curate to take the cabinet curates and deputy curates, cabinet curates hold the cabinet meeting every Wednesday on a regular footing.

2.2.2 STATE Degree

Rulers or YDN

The first 1 is Ruler/Sultan or Yang Dipertua Negeri ( YDN ) . The other parts we already discussed.

Menter Besar or Chief Minister

The main curate is a state-level administrative leader of authorities, he was appointed by the swayer. The main curate has the duty for transporting out the Ruler ‘s orders. At the same clip, the main curate can set frontward some suggestions and countermeasures. Meanwhile, he besides has the determination to the relevant policies within the state.In add-on, he can name or disregard his subsidiary section members from his station.

State Executive Council

The State Executive Council is similar to the Cabinet at the Federal Level.The Ruler of the State appoints foremost the main curates from the members of the Legislative Assembly who in his sentiments is likely to command the bulk of the members of the assembly.Then the Ruler appoints members of the Executive Council in audience with the head curates. And the State Executive Council has the authorization to do policies and implement them, at the same clip its members follow the rule of common duty.

2.3 Judiciary

TheJudiciary is the system ofcourts, it is the name of the statewhich is interpreted and applies thelaw. That is based on the equality argument of prosecuting officer and suspect.

Superior Courts

Federal Court

It is the highest tribunal in Malaysia. The president of the Federal Court, the president of the Court of Appeal and Malaysia justice, Sabah & A ; Sarawak justice and the other seven Federal Court Judgess are seated in it. There is merely one Federal Court and Court of Appeal, but each of the province has its ain high tribunal. And the Federal Court hears entreaties from the Court of Appeal and High Court. On the other manus, the Court of Appeal has three Judgess, it hears entreaties from the High Court and it can besides hear entreaties from the Sessions Court, if the instance is in the public involvement.

High Court

TheHigh Courtsin Malaysia are the third-highest tribunals in the hierarchy of tribunals, after the Federal Court and the Court of Appeal. And it has 47 Judgess in Malaya and 10 Judgess in Sabah and Sarawak.

It has unlimited Civil Jurisdiction, and it hears the affairs

  • Bankruptcy and weaving up of the companies
  • The matrimony ( divorce )
  • Injunctions, specific public presentation

Syariah Court

There is a system of State Syariah Court, which has limited legal power over affairs of province Islamic jurisprudence. And the Syariah Court has legal power merely over affairs related to Muslim. There is besides no more than three old ages imprisonment.

Subordinate Courts.Both of the Sessionss tribunals and magistrates tribunals are focused on condemnable and civil affairs,

Sessions Court

It is responsible for judging affairs related to condemnable instances, particularly the slayings, larceny, and other such instances, but except penalty by decease.

Magistrate Court

It is divided into two parts, First category and Second category magistrates. But the Second Class Magistrates are non appointed now. In the condemnable affairs, First Class Magistrates’ Courts have the power to do certain that all bureaus imprisonment no more than 10 old ages.


2.4.1 Legislative

Compared with the legislative system in Malaysia, China ‘s Legislative System is individual. China is a state of all rights belong to the people, the people exercise their rights establishment is National People ‘s Congress ( NPC ) . The NPC is the highest organ of province power. Held one time a twelvemonth, representatives from the states, municipalities and independent parts elected to take part, each individual ‘s term of office is five old ages. More than half said the determinations in favour of the constitution, leting the state to advance the execution.

2.4.2 Executive

The cardinal authorities:

The Highest Administrative office in China is called the State Council ; the chief map of the State Council is that to put to death the bid of the authorization office. Besides, the caput of the State Council is the premier curate, and the State Council is made up of the premier curate, vice-premier and each section curates. The vice-premier and each section curates are responsible to the premier curate.

The Prime curate can be in office five old ages, and he can be chose by the National People ‘s Congress. In add-on, the power of the premier curate is the concluding authorization of determinations, and make up one’s mind the assignment of the vice-premier and each section curates.

The Local authorities:

Provincial governors are the caput of the state besides is the caput of the local authorities. The chief map of the provincial governor is that to set forward the development programs and advance urban building. The provincial governor besides can work for five old ages and they have the similar work to the premier curate, but they merely concentrate on their ain state. And the Vice-provincial governors are moving as the advisor of the provincial governors.

2.4.3 Judiciary

Adjudication Organ

The Supreme Court of the People ‘s democracy of China is the Highest Judicial Organ. The Local People ‘s tribunals are divided into three: the Grassroots People ‘s Courts, the Intermediate People ‘s Court, the Supreme People ‘s Court.

Pro-curatorial Organ

Peoples ‘s Procuratorate for legal supervising states. People ‘s Procuration of the People ‘s Court in conformity with the degree of control of the constitution, in add-on to the municipality control Intermediate People ‘s Court set up, at all degrees, said the People ‘s Procuration. But besides the constitution of the military Procuration and railroad transit Protectorate and other specialised Procuration.

Public Security Organs

The province of the investigation governments, and to presume the care of public order, civil difference mediation and other quasi-judicial maps.

State Security Organ

The National Security Authorities comparatively independent. Responsible for anti-power and cardinal topographic points to support the dealing.

The National Prison System

The right executing of the Prison Sentences Mission is to penalize and rehabilitate wrongdoers, in order to accomplish the intent of forestalling and cut downing felons.

Compared with China

First of wholly, because of the different historical background, Malaysia and China ‘s political system besides has differed. Belongs to the democracy of China, the Chinese authorities is the People ‘s Congress System, belongs to a Parliamentary Republic. Ruled by Britain and Malaysia for a long clip, belong to the Common Law Legal System. In China ‘s fundamental law, China is a state of the People ‘s Democratic Dictatorship, all power belongs to the people of the state, the people can through assorted channels and signifiers, the national, economic, cultural and societal personal businesss direction. Particularly the election of the President in the following 5 old ages, citizens under the age of 18, irrespective of nationality, race, sex, business, household background, spiritual belief, instruction, belongings position, populating period, has the right to vote and the right to vote. Reflected in the equal legal authorization. China as a Socialistic Country. Developing socialist democracy, better the socialist jurisprudence, bit by bit recognize the industry, agribusiness, national defence and the modernisation of scientific discipline and engineering, so I think the Chinese system more humanized.


Malaysia as a state with a constitutional monarchy, as in the care of Parliamentary Democracy, at the same clip besides respects the Malay assortment of civilizations, to a certain extent for the touristry development of later besides brought a good chance. Second, economically, Malaysia by the original on the footing of agricultural economic system, into a preponderantly fabrication and industrial economic system, particularly on the computing machine and consumer electronics merchandises have greatly improved. Malaysia is from an ordinary development states into an emerging industrialised states. Finally, in political relations, Malaysia besides has a polar place in Asiatic states, is the universe ‘s 17th largest trading state. With China and other states besides have close dealingss of cooperation is the first largest trade spouse of China and Sean.

Word count: 2183




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