Page 113 - Malaysia Baharu 2018
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THE CONFERENCE OF RULERS 5 | THE MALAYSIAN CONSTITUTION AND RULING SYSTEM
The Conference of Rulers consists of all the Malay Rulers and the Governors.
The tasks of this Council as stated in Article 38 of the Federal Constitution are as
follows:-
To appoint the Yang di-Pertuan Agong and Deputy Yang di-Pertuan Agong of
the Federation in accordance with the provisions of the Third Schedule of the
Federal Constitution.
To agree or disagree with regards to any act, practice or religious ceremonies
across the Federation.
To agree or disagree with regards to any laws and make or advise any
appointments in accordance with the Constitution which will require the consent
of the Council of Rulers, or requirements to be made by or after consultation
with the Conference of Rulers.
THE JUDICIARY
The Judiciary is the third part in the Malaysian Government system. The Judicial
power is subject to the High Court and Subordinate Court. The Judicial power also
relies on the Supreme Court which has certain powers as set in Articles 126, 128
and 130 of the Federal Constitution.
Function of the Judiciary
The function depends on the status of the courts namely the Supreme Court,
High Court and Subordinate Court. The High Court consists of two units, the
High Court of Malaya – one for Peninsular Malaysia and another for Sabah
and Sarawak (formerly named Borneo). The Subordinate Court in Peninsular
Malaysia, Sabah and Sarawak consists of the Sessions Court, Magistrate
Court and Chief Court (Mahkamah Penghulu) in Peninsular Malaysia and the
Traditional / State Court (Mahkamah Adat / Negeri) in Sabah and Sarawak.
Besides that, there is also a Juvenile Court which discuss issues on children
and those under the age of 18 years. These function are carried out in
accordance with the powers given by the Constitution to the courts.
Appointment of Judges
The superior court judges are appointed by His Majesty Seri Paduka Baginda
Yang di-Pertuan Agong upon the advice from the Prime Minister after consultation
with the Council of Rulers. The number of judges appointed in the country is
determined by the Federal Constitution, although their membership may be
changed upon the command or instructions from His Majesty Seri Paduka Baginda
Yang di-Pertuan Agong. The Judicial Appointments Commission was established
in line with the effectiveness of the Judicial Appointments Commission Act 2009
(Act 695) to ensure the choice and appointment of judges is transparent in order
to uphold the integrity of the judiciary. The superior court judges involved are the
Chief Justice, Appeals Court President, Chief Judge of Malaya, Chief Judges of
Sabah and Sarawak, Chief Judge of the Federal Court, Appeals Court Judge and
the High Court.
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The Conference of Rulers consists of all the Malay Rulers and the Governors.
The tasks of this Council as stated in Article 38 of the Federal Constitution are as
follows:-
To appoint the Yang di-Pertuan Agong and Deputy Yang di-Pertuan Agong of
the Federation in accordance with the provisions of the Third Schedule of the
Federal Constitution.
To agree or disagree with regards to any act, practice or religious ceremonies
across the Federation.
To agree or disagree with regards to any laws and make or advise any
appointments in accordance with the Constitution which will require the consent
of the Council of Rulers, or requirements to be made by or after consultation
with the Conference of Rulers.
THE JUDICIARY
The Judiciary is the third part in the Malaysian Government system. The Judicial
power is subject to the High Court and Subordinate Court. The Judicial power also
relies on the Supreme Court which has certain powers as set in Articles 126, 128
and 130 of the Federal Constitution.
Function of the Judiciary
The function depends on the status of the courts namely the Supreme Court,
High Court and Subordinate Court. The High Court consists of two units, the
High Court of Malaya – one for Peninsular Malaysia and another for Sabah
and Sarawak (formerly named Borneo). The Subordinate Court in Peninsular
Malaysia, Sabah and Sarawak consists of the Sessions Court, Magistrate
Court and Chief Court (Mahkamah Penghulu) in Peninsular Malaysia and the
Traditional / State Court (Mahkamah Adat / Negeri) in Sabah and Sarawak.
Besides that, there is also a Juvenile Court which discuss issues on children
and those under the age of 18 years. These function are carried out in
accordance with the powers given by the Constitution to the courts.
Appointment of Judges
The superior court judges are appointed by His Majesty Seri Paduka Baginda
Yang di-Pertuan Agong upon the advice from the Prime Minister after consultation
with the Council of Rulers. The number of judges appointed in the country is
determined by the Federal Constitution, although their membership may be
changed upon the command or instructions from His Majesty Seri Paduka Baginda
Yang di-Pertuan Agong. The Judicial Appointments Commission was established
in line with the effectiveness of the Judicial Appointments Commission Act 2009
(Act 695) to ensure the choice and appointment of judges is transparent in order
to uphold the integrity of the judiciary. The superior court judges involved are the
Chief Justice, Appeals Court President, Chief Judge of Malaya, Chief Judges of
Sabah and Sarawak, Chief Judge of the Federal Court, Appeals Court Judge and
the High Court.
111
