Malaysian Legal System Lecture Flashcards

A collection of vocabulary flashcards covering the Introduction to the Malaysian Legal System, including government structure, legal history, court hierarchy, and the legal profession based on lecture notes.

Federation

An encompassing political or societal entity formed by uniting or amalgamating smaller unions of territories or more localised entities under one central power.

Westminster system

The system of government in Malaysia modelled after the United Kingdom, observing a Parliamentary Democracy and Constitutional Monarchy.

West Malaysia

Consists of $11$ states, namely Perlis, Kelantan, Terengganu, Pahang, Perak, Kedah, Selangor, Pulau Pinang, Negeri Sembilan, Malacca, and Johore and two federal territories, namely Kuala Lumpur and Putrajaya.

East Malaysia

Consists of two Borneo states, namely Sarawak and Sabah and one federal territory – Labuan.

Malaysia Agreement $1963$

The agreement that formally recognised the formation of Malaysia, comprising the Federation of Malaya, North Borneo, Sarawak, and Singapore.

Constitutional (Amendment) Act $2021$

Legislation that amended Clause ($2$) of Article $1$ of the Federal Constitution to elevate the status of Sabah and Sarawak as equal partners with the Peninsular.

Doctrine of Separation of Powers

The idea of a division between the three governmental organs – the executive, legislative and the judiciary – for independent powers and specific responsibilities.

Montesquieu

The French Enlightenment political philosopher who popularised the doctrine of separation of powers.

Publius

The pseudonym used by Alexander Hamilton, James Madison, and John Jay to write the $85$ essays making up The Federalist Papers.

Federal Constitution

The supreme law of the land in Malaysia, which limits the power of Parliament and State Legislatures.

Yang di-Pertuan Agong (YDPA)

The formal head of the formal head of each branch of government (Legislature, Executive, and Judiciary), the Supreme Commander of the Armed Forces, and the ruler of the country.

Dewan Rakyat

The House of Representatives, which has $222$ elected members by the electoral roll from different constituencies.

Dewan Negara

The Senate, which has $70$ members ($26$ from the State Assembly and $44$ appointed by the Yang di-Pertuan Agong).

Article $121$

The provision in the Federal Constitution that provides for the powers of the judiciary and the establishment of the two High Courts.

John Austin Law Definition

Defines law as a command of a sovereign, backed by the threat of sanction – given by a superior to an inferior.

Professor HLA Hart Law Definition

Defines law as a system of rules, specifically a union of primary and secondary rules.

Ordinances

Legislations passed by the legislature after $1946$ until Malaysia’s independence in $1957$.

Acts

Legislations passed by the legislature after $1957$.

Substantive Law

The substance and content of the law itself that defines legal rights and obligations of persons within society.

Procedural Law

The mechanics of the legal process dealing with how a particular case is to be handled by courts or law enforcement bodies.

Civil Law System

A legal system where principles and legal rules are codified into a referable system by a legislative body, forming the principal basis of the law.

Stare decisis

The doctrine of judicial precedent in common law where each lower tier must adhere to the decisions of higher courts.

Adversarial Process

A trial process observed in common law where judges weigh evidence and make judgements based on arguments from each party.

Devaraja

The status of a semi-divine king ruling with a divine mandate, possessed by Malay chiefs during the period of Hindu-Buddhist influence.

Hukum Kanun Melaka

One of the two legal digests in the Malacca Sultanate that covers civil and criminal matters.

Undang-Undang Laut Melaka

A legal digest of the Malacca Sultanate that covers maritime matters.

Reid Commission

An independent constitutional commission of foreign experts (Lord Reid, Sir Ivor Jennings, Sir William McKell, B Malik, and Abdul Hamid) that drafted the Federation of Malaya Constitution in $1957$.

Cobbold Commission

A joint British-Malayan Commission of Enquiry headed by Lord Cobbold dispatched to Borneo to ascertain the views of the people about joining Malaysia.

Rukun Negara

The national pledge comprising five principles: Belief in God, Loyalty to King and Country, Supremacy of the Constitution, Rule of Law, and Courtesy and Morality.

Conference of Rulers

A constitutional institution consisting of the $9$ Malay rulers and the Governors, responsible for electing and dismissing the King and deliberating national policy.

Article $43$

The constitutional provision providing for the establishment of the Prime Minister and the Cabinet of Ministers.

Special Court for Rulers

A court established under Article $182(3)$ with exclusive jurisdiction to try all offences committed by a Ruler and all civil cases brought by or against a Ruler.

Legal Profession Act $1976$ (LPA $1976$)

The act that regulates and consolidates the law relating to the legal profession in Malaysia.

Legal Profession Qualifying Board (LPQB)

A body established under Section $4$ of the LPA $1976$ responsible for overseeing the admission of new members to the legal profession.

Qualified Person

A person who has passed specific law degrees (UM, NUS, etc.), is a barrister-at-law of England, or possesses qualifications recognised by the LPQB.

Pupillage

A period of nine months served by a 'pupil' under a 'master' of at least seven years' standing, required for admission as an advocate and solicitor in West Malaysia.

Malaysian Bar

An independent body corporate established to uphold the rule of law, protect public interests, and represent advocates and solicitors.