The Judiciary In Malaysia
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The Judiciary In Malaysia
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Author : Abdul Hamid Omar (Tun Dato' Seri.)
language : en
Publisher:
Release Date : 1994-01-01
The Judiciary In Malaysia written by Abdul Hamid Omar (Tun Dato' Seri.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Constitutional law categories.
The Dynamics Of Judicial Independence
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Author : Lorne Neudorf
language : en
Publisher: Springer
Release Date : 2017-02-22
The Dynamics Of Judicial Independence written by Lorne Neudorf and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-22 with Law categories.
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
Malaysia Assault On The Judiciary
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Author : James D. Ross
language : en
Publisher:
Release Date : 1989
Malaysia Assault On The Judiciary written by James D. Ross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
A. The Court Reconvenes
Malaysian Judiciary
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Author : James Foong (Dato.)
language : ms
Publisher:
Release Date : 2002
Malaysian Judiciary written by James Foong (Dato.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Courts categories.
The Malaysian Judiciary
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Author :
language : en
Publisher:
Release Date : 2016
The Malaysian Judiciary written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Jurisdiction Of Courts In Malaysia
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Author : Srimurugan Alagan
language : en
Publisher:
Release Date : 2014
Jurisdiction Of Courts In Malaysia written by Srimurugan Alagan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Courts of special jurisdiction categories.
The Applicable Law In Singapore And Malaysia
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Author : Michael F. Rutter
language : en
Publisher: MICHIE
Release Date : 1989
The Applicable Law In Singapore And Malaysia written by Michael F. Rutter and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Constitutional Conflicts In Contemporary Malaysia
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Author : HP Lee
language : en
Publisher: Oxford University Press
Release Date : 2017-01-19
Constitutional Conflicts In Contemporary Malaysia written by HP Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-19 with Law categories.
In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Islamic Law In Malaysia
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Author : Adnan Trakic
language : en
Publisher: Springer Nature
Release Date : 2021-03-16
Islamic Law In Malaysia written by Adnan Trakic and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-16 with Law categories.
This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.
Malaysia Politics Judiciary
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Author : Lenny Thien Loong Koy
language : en
Publisher:
Release Date : 2021
Malaysia Politics Judiciary written by Lenny Thien Loong Koy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Courts categories.