Malaysian Courts Jurisdiction

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Submitted By yianchian
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The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the High Court, Court of Appeal and the Federal Court of Malaysia, which is the highest level. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court and the Sessions Court are subordinate courts.
After 23 June 1994 till today:

Comparisons between Supreme Courts and Subordinate Courts
Superiors Court Subordinate Courts
1. They are established under Article 121 of the Federal Constitution.
2. Their jurisdiction and powers are governed by the Courts of Judicature Act 1964 (Act 91)(Revised 1972)(CJA 1964).
3. They have unlimited jurisdiction. 1. They are established by and derive their jurisdiction and powers from the Subordinate Courts Act 1948 (Act 92)(Revised 1972)(SCA 1948).
2. They are generally subject to the control and supervision of the superior courts.
3. They have limited and prescribed jurisdiction.

Jurisdiction of superior courts
Federal Court (FC)
The FC is vested with an original, advisory and appellate jurisdiction, as explained below:
1. Original :
It means the case is heard here first. The cases are vested in FC exclusive original jurisdiction under Art.128(1), which are regarding the validity of federal and state laws, and disputes on any other question between states or between the Federation and any States:s82 CJA 1964. It also exercises a consultative jurisdiction when it is necessary.
2. Referral:
When a question as to the effect of any provision of the Constitution arises in a proceeding before another court, the Federal Court has jurisdiction to determine the question and remit the case to the other court to be disposed of accordingly(Art.128(2)).
3. Advisory:
FC gives its opinion on any question referred to it by the Yang di-Pertuan Agong(YDPA) concerning the effect of any…...

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