TOISU - Berayan Segemal Seri. Perasmian 9 am 22 Dis, 2007 DOR Assam Jawa, 45700 Bukit Rotan SDE: 08/13/16

TOPIC 1 INTRODUCTION TO LAW

By the end of this topic, you should be able to:

1. Define law;

2. Identify the categories of laws;

3. Explain the Federal Constitution of Malaysia;

4. Describe the hierarchy of Malaysian courts; and

5. Discuss press freedom and the Federal Constitution.

In this topic, we will discuss how Malaysian laws are enacted. The power to enact the various legislations is provided for by the Federal Constitution of Malaysia. It is important for journalists to know the different types of Malaysian courts, laws and the role of the Federal Constitution as it will directly and indirectly help them in performing their work. The Constitution is not just another piece of legislation; it is the supreme law of our nation. The Constitution gives this nation of ours its name and identity. It confers on the people various rights and privileges as citizens of Malaysia.

1.1 DEFINITION OF LAW

In this topic, we are going to discuss the definition of law from two perspectives, namely, The Collins Cobuild English Language Dictionary and Holsinger and Dilts (1994).

TOPIC 1 INTRODUCTION TO LAW

ACTIVITY 1.1

In your opinion, do you think journalists are above the law? Is there anyone in Malaysia who is above the law? Discuss.

1.1.1 Collins Cobuild English Language Dictionary

The Collins Cobuild English Language Dictionary (1991) defines law as:

A system of rules that a society or government develops over time in order to deal with business agreements, social relationships and crimes.

The purpose of having laws is to attain justice in society. In other words, laws are enacted to encourage and promote the doing of what is right or just. This does not mean that law is synonymous with justice. Justice is a moral ideal that the law seeks to uphold in the protection of rights and the punishment of wrongs.

From the dictionary definition of the word “law”, we can derive three important components:

(a) The body that enacts the laws;

(b) The rules that govern everyone and everything; and

Now, let us discuss the components one by one.

(a) The Body that Enacts the Laws

The definition highlights a salient point that laws are enacted by a legal body that is empowered to perform the task of enacting laws. The body is conferred with the powers to enact laws because there is prior to that a law that authorises it to perform such duties.

Figure 1.1: Malaysian Parliament

In the case of Malaysia, the body that is empowered to enact laws is the Malaysian Parliament (refer to Figure 1.1).

The Malaysian Parliament is authorised to enact laws as enshrined in the Federal Constitution which we will discuss later.

(b) The Rules that Govern Everyone and Everything.

The definition refers to who is governed by the various enacted rules and regulation. In the case of Malaysia, the various legislations govern everyone and everything living within the boundaries of the Federation of Malaysia. People who live within the boundaries are bound to abide by the rules and regulations of this nation.

The definition refers to law as a living thing. Laws are constantly being changed and amended to suit the prevailing needs of the nation. The advent of computers and information technology and its effects on the telecommunication and broadcasting industry makes it necessary for new legislation to be enacted to regulate the changing societal and technological landscape. For example, the Telecommunication Act 1950 and the Broadcasting Act 1988 were repealed with the introduction of the Communications and Multimedia Act 1988 due to the more advanced telecommunications networks in the developing world, utilising modern technologies such as optic fibres, satellites, wireless transmission, digitalisation and satellite services.

1.1.2 Holsinger and Dilts

According to Holsinger and Dilts (1994), the word „law‰ contains two different meanings, as shown in Figure 1.2.

Figure 1.2: Two different meanings of the word law.

Table 1.1 explains the meanings.

Table 1.1: The Meanings of the Word „Law‰

Meanings of Law Description.

Primary meaning:

The primary meaning of the word refers to legal rules that Enacting Laws define conduct required of us, or forbidden to us, for the common good and these legal rules are enacted by a legislative body. This primary meaning is essentially the definition of law given by the Oxford Concise Dictionary of Law. The dictionary defines „law‰ as „the enforceable body of rules that govern any society.

Secondary meaning:

The secondary meaning refers to the means of resolving Administrating Laws disputes through the system of courts, judicial process, and officers. In other words, the primary meaning refers to the various laws enacted while the secondary meaning refers to the administration of justice.

ACTIVITY 1.2

Discuss why it is important for a foreign correspondent to understand international law.

1.2 CATEGORIES OF LAWS

The various enacted legislation can be further classified into three categories as shown in Figure 1.3.

Figure 1.3: Three categories of laws.

Now, let us discuss the categories of laws in greater detail.

(a) Public Laws

Public laws refer to laws that govern the relationship between individuals and the state. Public laws are further subdivided into constitutional law and criminal law. Constitutional law sets the rights of individuals in the state. Criminal law determines acts that are considered as offences against the state.

(b) Private Laws

Private laws are concerned with matters affecting rights and duties of the individual in relation to other individual or individuals. Private laws are also called civil laws. These laws are enacted to allow compensation for injured parties and to enforce obligations. Civil or private laws can be subdivided into contracts, tort and trust. Contracts are based on agreement signed between two agreeing and consenting individuals or two parties. Tort refers to offences against other individuals. Trust binds the relationship between trustee and beneficiary.

(c) International Laws The classification of laws into two broad categories as stated above has been limited to laws enacted and imposed on individuals or entities within a state. You can actually add a third category to the classification of the different types of laws. The third category is for international laws. These are laws governing the relationship between states.

According to international laws, Malaysia is one state. Every other country in this world is called a state, in legal terminology. This may sound confusing to you because we are accustomed to referring to Malaysia as a country. What makes it more confusing is that within Malaysia there are 13 states. This is well and fine in layman terms but in legal language, a state has a government and rules that specify who shall govern and how. Thus, laws of international relations are enacted to govern relationships among various states.

ACTIVITY 1.3

Non-smoking laws have recently become societal norms. Today, smoking is prohibited in most public facilities without question. Are societal norms a kind of law? Is there a need for societal norms when we have codified laws? Discuss.

1.3 FEDERAL CONSTITUTION OF MALAYSIA

The act of enacting and administering myriad laws is possible because it is enshrined in the Federal Constitution. The Constitution of the Federation of Malaysia is the legal source of legitimate authority. It is the fundamental law in Malaysia which designates the principal organ of government and invests them with authority. The Federal Constitution defines and constitutes the Legislative Body. The Federal Constitution also gives legitimacy to two other branches of government which are the executive and the judiciary. Each of these branches of government is vested with its own functions. In other words, a constitution is a body of fundamental law which describes the manner in which the state is organised, government is conducted and justice is administered. It also defines the scope of the law making powers of the state and institutes procedure for exercising this power. The Federal Constitution declares itself the supreme law of the Federation.

Article 4(1) of the Federal Constitution reads:

Article 4(1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day, which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. In other words, laws enacted by Parliament after the date of Independence that is inconsistent or ultra vires with the Federal Constitution may be declared void. Our written Constitution as the supreme law of the land makes known that the name of this nation shall be Malaysia.

Article 1(1) The Federation shall be known, in Malay and in English, by the name Malaysia.

The Federal Constitution also states the territorial perimeters of our nation in relation to other neighbouring countries. Article 4(2)-(4) state:

Article 4(2)-(4)

4(2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.

4(3) Subject to Clause (4) the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.

4(4) The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (No. 2) Act 1984, and both the said Federal Territories shall be territories of the Federation. The legitimacy of both the Federal Parliament and the 13 State Legislative Assemblies to enact laws is conferred under Article 73 of the Federal Constitution. In essence, Article 73 clearly defines the relations between the Federation and the various states.

Article 73 reads:

Article 73

In exercising the legislative powers conferred on it by this Constitution:

(a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation; and

(b) The Legislature of a State may make laws for the whole or any part of that State. If there is any law at the State level that contradicts any Federal law, the Federal Constitution states that the Federal law shall prevail.

The part of the State law which is inconsistent with Federal law shall become void. This is provided for by Article 75 of the Federal Constitution. To differentiate laws made by the Federal Parliament from that of the State Legislative Assemblies, all federal legislation are called Acts. Before Independence, federal laws are called ordinances.

Ordinances are legislation that is enacted by Parliament after 1946 but before Malaysia’s Independence in 1957. The various laws enacted by the State Legislative Assemblies are called Enactments, except for the case of Sarawak. In Sarawak, the laws enacted by the Sarawak Legislative Assembly are called Ordinances.

Article 74 of the Federal Constitution clarifies the various types of legislation that the Federal Parliament and Legislature of a State can make.

Article 74(1)-(2) reads:

Article 74(1)

Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule). Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List. The Federal List summarised from List I of the Ninth Schedule of the Federal Constitution is as follows (see Figure 1.4):

9 Figure 1.4: List I of the Ninth Schedule of the Federal Constitution

The State List as stated in List II of the Ninth Schedule covers matters such as follows (see Figure 1.5):

Figure 1.5: List II of the Ninth Schedule of the Federal Constitution The Concurrent List as stated in List III of the Ninth Schedule covers the following matters (see Figure 1.6):

Figure 1.6: List III of the Ninth Schedule of the Federal Constitution

1.4 LAW IN MALAYSIA

In Malaysia, two types of laws are enforced (see Figure 1.7):

Figure 1.7: Two types of laws.

Now, let us discuss the types of laws one by one.

(a) Federal Laws

Federal laws cover every person that resides in the Federation of Malaysia. State laws can only be enforced on those people residing in a particular state. Thus, you would find that state laws may differ from one state to the other. Figure 1.8 explains the process of creating the federal law before it is submitted to the Malaysian Parliament:

Figure 1.8: The process of creating federal law before submission to the Malaysian Parliament

We are going to discuss further on the Malaysian Parliament in the next topic.

(b) State Laws

As stated before, state laws can only be enforced on people residing in a particular state. The Legislature of the State is made up of the Ruler and one House, the Legislative Assembly which acts as the highest law making body at the state level. This is provided for by Section 3, Eighth Schedule of the Federal Constitution that reads:

Section 3. Eighth Schedule: The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.

Figure 1.9 explains the process of creating State Law:

Figure 1.9: The process of creating State Law

SELF-CHECK 1.1

What do you understand by the term federal laws and state laws? Surf the Internet for the full text of the Federal Constitution at: http://www.agc.gov.my/images/Personalisation/Buss/pdf/Federal% 20Consti%20(BI%20text).pdf.

1.5 MALAYSIAN PARLIAMENT The Parliament as the highest law making body of the country is essentially made up of three components (see Figure 1.10):

Figure 1.10: Three components of Malaysia’s Parliament

This is specified in Article 44 of the Federal Constitution that reads:

Article 44 The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Rakyat (House of Representative) and Dewan Negara (Senate). The Dewan Rakyat currently comprises 193 members who are elected for a maximum term of five years. A federal election will be held every five years or sooner to elect members to the House of Representative. Members of Dewan Negara on the other hand are appointed and sit for a six year term. There are 69 Senate members; 26 are elected by the 13 state assemblies while the other 43 members are appointed by the Yang di-Pertuan Agong . Previously at the Federal Laws, we have discussed on how the draft of the bill will have to be submitted to the Malaysian Parliament after the approval of the Cabinet. What is the next step?

Figure 1.11 explains the process of creating Federal Law after it has been submitted to the Malaysian Parliament:

Figure 1.11: The process of creating Federal Law after submission to the Malaysian Parliament ACTIVITY 1.4 Who are the current members of Dewan Negara and Dewan Rakyat? Identify the current paramount ruler of the country. To find out, visit: http://www.parlimen.gov.my/index.php.

1.6 HIERARCHY OF COURTS IN MALAYSIA

ACTIVITY 1.5

What are the different Malaysian courts that you have come across? Where does the Malaysian High Court (Mahkamah Tinggi Malaysia) stand in the hierarchy of Courts in Malaysia? Which court is the highest judicial authority in Malaysia? Discuss. As we mentioned in the previous section, the judiciary is one of the three branches of government. As an important organ of the government, the judiciary plays a central role in the administration of justice. The independence and integrity of the judiciary have to be maintained so that the public will continue to have trust and confidence in the judiciary. Thus, the administration of justice must be free from improper interference and obstruction. The Malaysian judiciary is empowered to hear and determine civil and criminal cases. The Federal Constitution provides for the judiciary to exercise its power. In exercising its authority, the Malaysian judiciary has set up a hierarchy of courts (see Figure 1.12).

Figure 1.12: Judicial system currently being practised in Malaysia

Figure 1.12 shows an illustration of the judicial system currently being practised in Malaysia. The hierarchy of courts as practised in Malaysia is made up of two sets of courts:

(a) Superior courts; and

(b) Subordinate courts.

The setting up of superior courts is in accordance with the provisions of the Courts of Judicature Act 1964 while subordinate courts are established under the Subordinate Courts Act 1948.

Figure 1.13: Judicial system (between 1st January 1987 and June 23, 1994)

Figure 1.14: Judicial system practised in Malaysia before 1st January 1987 Figure 1.14 shows the judicial system before 1st January, 1987. Before that date, the final court of appeal of Malaysia was the Privy Council in England. Appeals to the Privy Council on criminal and constitutional matters were abolished on 1st January

1978. Between 1st January, 1978 and 1st January, 1987, appeals to the Privy Council were limited to civil cases only. On 1st January, 1987, no more appeals could be submitted to the Privy Council. The highest court of appeal for Malaysia at that time was the Supreme Court.

1.6.1 Superior Courts

SELF-CHECK 1.2

Reflect on the judicial system; which court do you think is responsible for hearing appeals on decisions by the High Court? Explain. The Courts of Judicate Act 1964 provides for the establishment of the following superior courts (see Figure 1.15):

Figure 1.15: The Courts of Judicate (Act 1964) Let us discuss the Courts of Judicate in greater detail now.

(a) Federal Court

This is the highest court in Malaysia. The Chief Justice presides over the Federal Court. Section 74 Courts of Judicature Act 1984 states that every proceeding in the Federal Court shall be heard and disposed of by three judges or such greater uneven number of judges.

Members of the Federal Court are:

(i) Chief Justice;

(ii) President of the Court of Appeal;

(iii) Chief Judge of Malaya and Chief Judge of Sabah and Sarawak; and

(iv) Six Federal Court judges.

The jurisdictions of the Federal Court are:

(i) To hear criminal appeals, Section 86 and civil appeals, Section 96, from decisions of a High Court.

(ii) To exercise exclusive original jurisdiction under Article 128(1) and (2) of the Federal Constitution. This is the jurisdiction to hear disputes on any matter between any State and the Federal Government.

(iii) To resolve any constitutional questions referred by the High Court.

(iv) To give its opinion on any questions referred to it by the Yang di-Pertuan Agong. (b) Court of Appeal The President of the Court of Appeal presides over this court. The Court consists of:

(i) President of the Court of Appeal; and

(ii) Eight Court of Appeal judges.

The Court of Appeal has appellate jurisdiction against any High Court decision on criminal cases as stated by Section 50 of the Courts of Judicature Act.

Section 67 of the said Act confers the Court of Appeal appellate jurisdiction to hear and determine over civil cases of any judgment or order by any High Court. (c) High Court The High Court consists of two Chief Judges, one in Peninsular Malaysia and the other in Sabah and Sarawak. The High Courts are conferred with unlimited jurisdiction over criminal and civil cases brought before the courts. The High Courts are also vested with the powers to refer any points of law arising to the Court of Appeal for a decision.

Part II of the Courts of Judicature Act 1964 confers the High Courts with unlimited powers to hear and determine criminal and civil cases. In criminal cases, the High Court may pass any sentence as allowed by law. Criminal cases may only be brought to the High Court only after an offender is properly committed for trial after a preliminary hearing in a Magistrate’s Court. The jurisdiction of the High Court on civil cases shall include, as stated in Section 24 of the Courts of Judicature Act, but not limited to:

(i) Divorce and matrimonial causes;

(ii) Matters pertaining to admiralty;

(iii) Bankruptcy;

(iv) Appointments of guardian for infants;

(v) Appointments of guardian for mentally disordered person; and

(vi) Grant probates of wills and testaments and letters of administration.

ACTIVITY 1.6

KUALA LUMPUR:

Datuk Seri Anwar Ibrahim wants to include fresh evidence in his hearing, in the event the Federal Court allows him a leave application for judicial review of its decision to uphold his conviction and sentence on four counts of corrupt practice last July. Counsel S. N. Nair said the fresh evidence was included in AnwarÊs affidavit, which supported the motion filed at the Federal Court registry on March 10. In his affidavit, Anwar claimed that the fresh evidence was based on his recent discovery of facts following a complaint lodged by lawyer Manjeet Singh Dhillon to the Chief Justice against High Court judge Datuk S. Augustine Paul / Based on the above article and scenario, why does Datuk Seri Anwar IbrahimÊs case fall under the jurisdiction of the federal court? Discuss.

1.6.2 Subordinate Courts

The Subordinate Courts Act 1948 provides for the establishment of the following subordinate courts to administer civil and criminal law (see Figure 1.16).

Figure 1.16: The Subordinate Courts Act 1948

Now, let us discuss the Subordinate Courts Act 1948 in greater detail.

(a) Sessions Courts

A judge presides in a sessionÊs court. Section 62, Subordinate Courts Act states that the Sessions Courts have the jurisdiction to hear and deal both criminal and civil cases.

(i) Criminal Cases

For criminal cases, Section 63 of the Subordinate Courts Act gives the Sessions Courts jurisdiction to try all offences other than offences punishable with death. Section 64 empowers the Sessions Court to pass any sentence allowed by law other than the sentence of death.

(ii) Civil Cases

In civil cases, Section 65 defines the jurisdiction limits of the Sessions Court. Section 65(1)(a) states that the Sessions Courts can trial cases where the amount in dispute does not exceed RM250,000. However, Section 65(3)-(4) allows the Sessions Courts to conduct hearing in civil cases where the value of the dispute is above the aforesaid amount if both parties agree to it.

(b) Magistrate’s Courts

A magistrate presides in a magistrate’s court. There are two types of Magistrates Courts; First Class Magistrate’s Court and Second Class Magistrate’s Courts. Both courts have the jurisdiction to hear and determine any civil or criminal cases arising within the local limits of its authority.

(i) First Class Magistrate’s Court The First Class Magistrate’s Courts have the jurisdiction to hear criminal cases as stated in Section 85 of the Subordinate Courts Act.

Section 87 of the Act states that it may impose sentences that does not exceed five years imprisonment, a fine of RM10,000, whipping up to 12 strokes or any sentence combining any of the sentences aforesaid. Most of the court reporting that appears in the local mass media originates from the hearings of these magistrates courts.

(ii) Second Class Magistrate’s Court

The Second Class Magistrate’s Courts have the jurisdiction to hear criminal cases but Section 89 of the Subordinate Courts limits the sentences it can impose. The Second Class Magistrate’s Court can only pass sentence not exceeding six months imprisonment, a fine not exceeding RM1,000 or any sentence combining either of the sentence aforesaid.

Even though hearing of cases at Penghulu’s Court has never been highlighted by the media, the Subordinate Courts Act 1948 confers it with jurisdiction to trial civil and criminal cases. Section 94 of the said Act allows the Penghulu’s Court to hear civil cases in which plaintiff seeks to recover debt or liquidated demand in money not exceeding RM50. As stated in Section 95, 96 of the said Act, it also has the authority to trial minor offences where the fine imposed shall not exceed RM25.

Hearings at all superior or subordinate courts shall be at all times open to the general public. Because media practitioners are considered members of the public, they are allowed in so as to allow them to report courts proceedings. The public may be barred from entering the courtroom as this is allowed for in Section 102 of the Subordinate Courts Act 1984. The court can hear any matter or proceedings or any part thereof in camera should it be satisfied that it is expedient in the interest of justice, public safety, public security or propriety or for other sufficient reasons.

ACTIVITY 1.7

In your opinion, why is it important for media practitioners to know and understand the various aspects of law? Explain.

1.7 PRESS FREEDOM AND THE FEDERAL CONSTITUTION

SELF-CHECK 1.3

The Federal Constitution guarantees freedom of speech to every citizen subject to certain limitations. Does this right apply to the freedom of the press in Malaysia? In the previous section, we have discussed at some length the power vested in the Federal Constitution to the judiciary and legislature. Now, we move to discuss the Federal Constitution as it relates to the workings of the media organisations. The Federal Constitution guarantees freedom of speech to every citizen subject to certain limitations. Freedom of speech should never be equated with freedom of the press. Since the Federal Constitution is silent about freedom of the press, we can safely conclude that these rights have never been conferred upon the media organisations or media practitioners in this nation of ours. This is different from what is being practised in the United States. Amendment I to the Constitution of the United States categorically states that:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The provision on freedom of the press is not enshrined in the Federal Constitution of Malaysia. What types of freedom is bestowed on citizens of Malaysia? The various freedoms enshrined in the Federal Constitution as stipulated in Article 10(1)(a)-(c) covers the following acts: Article 10(1)

Subject to Clauses (2), (3) and (4)

(a) Every citizen has the right to freedom of speech and expression.

(b) All citizens have the right to assemble peaceably and without arms.

These rights as guaranteed by the Federal Constitution are subjected to various limitations as stated in Article 10(2)-(4).

Article 10 (2) Parliament may by law impose:

(a) On the rights conferred by paragraph (a) of Clause (1) such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;

(b) On the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;

(c) On the right conferred by paragraph (c) Clause (1), such restrictions as it deems necessary or expedient in the interest of the Federation or any part thereof, public order or morality

Restrictions on the right to form associations conferred by paragraph

(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2)(a),

Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such laws. In other words, while Article 10 of the Federal Constitution confers certain freedom to all citizens, it at the same time imposes limitations. These limitations as outlined in Article 10(2)-(4) confer power on the Federal Parliament to enact laws that limit such said freedom.

The different scope of laws that may be enacted to limit such freedoms as derived from the above mentioned Article is as follows:

(a) Security of the Federation;

(b) Friendly relations with other nations;

(d) Morality;

(e) Privileges of Parliament and Legislative Assembly;

(f) Contempt of court;

(g) Defamation;

(h) Incitement of any offence; and

(i) Questioning of sensitive matters.

When Article 10(2)-(4) is read together with List I of the Ninth Schedule of the Federal Constitution, the Federal Parliament is vested with the legitimacy to enact laws to curtail such freedoms. Since the Federal Constitution is silent on freedom of the press, the Federal Parliament has the right to curtail such freedom to preserve the interest and security of the Federation.

The various legislations that limit freedom of the press as passed by the Federal Parliament are as follows:

(a) Printing Presses and Publication Act;

(b) Official Secret Act;

(d) Internal Security Act;

(e) Defamation Act; and

(f) Penal Code. We will deal in great length the above set of legislations in the following topic.

ACTIVITY 1.8

The full text of the Constitution of the United States of America can be downloaded from the following site: http://www.law.cornell.edu/constitution/constitution.table.html. Try to spot the major differences between the Federal Constitution and the Constitution of the United States of America.

SELF-CHECK 1.4

Explain the following terms:

(a) Press freedom;

(b) Freedom of speech; and

? In this topic, we have discussed the Federal Constitution as the supreme law of this country.

? The Federal Constitution allows for the setting up of the three branches of government: legislative, executive and judiciary.

? Authority of the three branches of government is subject to the provisions of the Federal Constitution. ? Even though the press could be considered the fourth branch of government in the west, but the Federal Constitution of Malaysia does not make any provisions for this.

Court of Appeal

Legislative

Executive

MagistrateÊs Courts

Federal Constitution

Sessions Court

Federal Court

Subordinate Courts

High Court

Superior Courts

Judiciary

13 August, 2016

TOPIC 1 INTRODUCTION TO LAW