Introduction
1.1 Malaysia
Malaysia is geographically divided into two distinct regions: Peninsular Malaysia (also known as West Malaysia), and East Malaysia, which consists of the states of Sabah and Sarawak.
The plurality of its society is reflected in the diverse range of laws that make up its legal system.Malaysia is a constitutional monarchy.1 The Yang di-Pertuan Agong (or King) is the Supreme Head of the Federation.2 Astheheadofstate,heisinchargeofthe three branches of government: the legislature, the executive and the judiciary. However, the King's discretion is very limited. He is obliged to act on the advice of the Cabinet or a Minister authorised by the Cabinet (usually the Prime Minister, who is the head of government) except as otherwise provided by the Federal Constitution.3
The Conference of Rulers elects a Ruler as the King for five years.4 Each Malay State has a Ruler and each of the four states which were formerly British colonies - Malacca, Penang, Sabah and Sarawak - have a Governor (Yang diÂPertua Negeri).5 Although the head of state of his or her territory, under the Federal Constitution, each Ruler and Governor is nevertheless obliged to act on AeadviceoftheStateExecutiveCounciloramemberthereoflTheConferenceof Rulers consists of all the nine Rulers and four Governors.6 It is a highly influential
1 Federal Constitution ofMalaysia (Federal Constitution), arts 39 and 40.
2 Federal Constitution, art 32.
3 Federal Constitution, art 40(1).
4 FederalConstitution, art 32(3).
5 Tun Mohamed Suffian, An Introduction to the Legal System of Malaysia, Penerbit Fajar Bakti Sdn Bhd, Malaysia, 1988, p. 25.
6 Federal Constitution, Fifth Schedule. body that provides an intimate link between the federal and state governments at the highest level.[489]
1.2 Chapter overview
This chapter first outlines the chief issues and developments in the Malaysian legal system.
The unique historical make-up of the Federation and its sources of law and traditions are discussed in sections 2 and 3 respectively. The two sections should be read together. Section 4 examines the processes of law-making and adjudication under the system. Section 5 examines matters pertaining to an important body under the legal system - the legal profession.An important feature of the Malaysian legal system, which has attracted the attention of the international community, is the continual tussle between judicial independence and executive supremacy. Section 6 portrays how the former has been repeatedly forced to give way to the latter where the two have clashed head- on. This has resulted in a general lack of confidence and trust in the judiciary, a worrying trend in relation to the maintenance of the rule of law in Malaysia. It is argued that the root cause of the clash is that rule of law is confused with rule by law. Finally, section 7 discusses recent trends and developments in the Malaysian legal scene, with a special emphasis on the growing practice of cause lawyering driven to protect the rule of law.
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