Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A. What is Law?
B. Rule of Law
C. Law, the State and the Constitution
A. What is Law?
Layman: A general rule of conduct
25/12/2018
3. Types of Law
A. Public law
B. Private law
25/12/2018
A. Public law
Governs the relationship between individuals and
the State
Subdivision: (1) Criminal law;
(2) Constitutional Law
25/12/2018
B. Private law
Governs the relationship between amongst
themselves (rights and duties)
Also known as civil law
Subdivisions: (1)Contract (agreed by parties);
(2) Tort – general duty imposed by law
(not agreed by parties), exercisable only by
individuals – e.g: defamation
(3) Trust
25/12/2018
4. Malaysian
Administration System
A. Doctrine of Separation of Power
B. An Overview of Judicial System in Malaysia
C. Illustration of the court system / Court
Hierarchy
D. The doctrine of ‘binding judicial precedent’
E. Jurisdiction of Court
A. Doctrine of Separation of Power
Sir John Acton: “… absolute power corrupts absolutely.”
Montesquieu: Doctrine of separation of power –
division of different political powers among the organs
of government – legislative, executive and judiciary
25/12/2018
Organ of What they do? (Power they hold) In Malaysian scene,
Government who are they?
Executive It put the law into action • Prime Minister and his
cabinet
• Government
Departments
• Civil Service
25/12/2018
B. An Overview of Judicial System in
Malaysia
Federal Constitution: Power is exercised by the legislative,
the executive and the judiciary.
The judicial power of Malaysia is vested in the Federal Court,
the Court of Appeal, the High Courts and the Subordinate
Courts.
Judicial power:
• The power to hear and determine civil and criminal cases;
• The power to pronounce the legality of legislative or executive
acts;
• The power to interpret the Federal and State Constitutions
C. Illustration of the court system /
Hierarchy of Court
Federal Court
Court of Appeal
Superior
Court
High Court (Malaya) High Court (Sabah & Sarawak)
Sessions Court
Subordinate
Court for Children Magistrates’ Court Court
D. The doctrine of ‘binding judicial precedent’
25/12/2018