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Questions and Answers
What is the highest law in Malaysia?
What is the highest law in Malaysia?
Who appoints Ministers, judges, and ambassadors in Malaysia?
Who appoints Ministers, judges, and ambassadors in Malaysia?
Which area of law governs the relationship between individuals and the State in Malaysia?
Which area of law governs the relationship between individuals and the State in Malaysia?
What is not a source of law in Malaysia?
What is not a source of law in Malaysia?
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Which level of government must comply with the Federal Constitution before making laws?
Which level of government must comply with the Federal Constitution before making laws?
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What is the primary requirement of the doctrine of binding precedent?
What is the primary requirement of the doctrine of binding precedent?
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What is a disadvantage of judicial precedent?
What is a disadvantage of judicial precedent?
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What is the primary role of the Monarch in Malaysia?
What is the primary role of the Monarch in Malaysia?
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How is the Monarch chosen in Malaysia?
How is the Monarch chosen in Malaysia?
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What is a benefit of judicial precedent?
What is a benefit of judicial precedent?
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Study Notes
Doctrine of Binding Precedent
- Also referred to as Doctrine of stare decisis
- Requires judges to stand by previous decisions and not depart from them
- Ensures similar cases are treated similarly
Advantages of Judicial Precedent
- Promotes certainty in deciding cases
- Ensures uniformity in treatment of individuals
- Allows for flexibility in establishing new principles of law
- Prevents judge's personality from influencing case outcomes
- Saves time in decision-making
Disadvantages of Judicial Precedent
- Can be too rigid and inflexible
- May not apply to all situations, leading to hardship or unfairness
- Can lead to a backlog of cases due to numerous decisions on similar situations
Constitutional Monarch
- The Yang di-Pertuan Agong is the Head of State in Malaysia
- The monarch's position was created in 1957
- Only the nine Rulers of the states are eligible to be chosen as King
- The King serves on a rotation basis for a term of 5 years
- The King must act in accordance with the advice of the Cabinet
- The King has no real power, despite being part of Parliament and laws being made in his name
Applications of Supreme Law of Malaysia
- The Federal Constitution of Malaysia is the highest law in the country
- Legislation and State legislative Assemblies must comply with the Federal Constitution
- The Federal Constitution guarantees citizen's rights and duties of the government
Public Law and Private Law
- Public law governs the relationship between individuals and the State
- Public law can be subdivided into constitutional law, administrative law, and Criminal law
- Private law (or Civil law) concerns matters affecting the rights and duties of individuals amongst themselves
- Private law typically involves judges granting compensation or monetary damages to parties
Sources of Malaysian Law
- Written law: Federal Constitution, State Constitution, Legislation
- Unwritten law: Judicial decision/precedent, Customary law
- Federal Constitution is the supreme law of Malaysia, laying down powers of Federal and State Governments and basic rights of individuals
- State Constitution regulates government of each state and contains provisions for state matters
- Legislation comprises laws passed by Parliament and State Legislative Assemblies
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Description
This quiz covers the meaning of 'doctrine of binding precedent' in the Malaysia legal system, also known as Doctrine of stare decisis. It explains how judges must adhere to previous decisions. It also discusses two advantages of judicial precedent.
