Citation

V. N. Radhakrishna, Gita (2019) Summary: E-Discovery in Malaysia and Singapore. In: The 11th Annual Sedona Conference International Programme on Cross-Border Data Transfers and Data Protection Laws, 17-20 June 2019, The Langham Hotel, Hong Kong, Hong Kong, China.

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Abstract

Malaysia is a federation of 14 states comprising Peninsular Malaysia or West Malaysia and two East Malaysian states of Sabah and Sarawak, separated by the South China Sea on the island of Borneo. Malaysia follows a 50 common law system that has been largely influenced by English laws, a testament to its English legacy. It has also been enriched by influences from other parts of the Commonwealth such as India, Australia and other jurisdictions. Malaysia, has a dual system of justice system, namely the Civil Courts, which are secular courts and the Syariah Courts that administer Islamic law. This Chapter will be limited to the Civil system of justice. The Federal Constitution ensures a separation of powers exercised by the executive, legislature and the judiciary. The Malaysian judicial system may be represented as a pyramid. At the apex of the judicial pyramid is the Federal Court which by Articles 128 and 130 of the Federal Constitution has both original as well as appellate jurisdiction. It acts in an advisory capacity on matters referred to it by His Majesty ‘The Yang di Pertuan Agong’209 and also reviews decisions referred from the Court of Appeal in both criminal and civil matters. Headed by the Chief Justice, it is the highest judicial authority and the final court of appeal in Malaysia. Established pursuant to Article121 (2) of the Federal Constitution, its decisions are binding on all the Courts below.210 It operates on a single-structured judicial system consisting of two tiers - the Superior courts and the Subordinate courts. The subordinate courts are the Magistrate Courts and the Sessions Courts whilst the superior courts are the two High Courts of co-ordinate jurisdiction and status, one for Peninsular Malaysia and the other for the East Malaysian states of Sabah and Sarawak, the Court of Appeal and the Federal Court

Item Type:	Conference or Workshop Item (Paper)
Uncontrolled Keywords:	Common law system
Subjects:	K Law > K Law (General) > K109-110 Law societies. International bar associations
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Rosnani Abd Wahab
Date Deposited:	02 Nov 2021 01:40
Last Modified:	02 Nov 2021 01:40
URII:	http://shdl.mmu.edu.my/id/eprint/9226

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