Stare Decisis In Malaysia

100 the doctrine of stare decisis applies in malaysia.

Stare decisis in malaysia. Common law system originated in england use the doctrine of stare decisis in the jurisdictions. Actually binding precedent is also known as doctrine of stare decisis in english law. The federal constitution is the supreme law of the land. Ratio decidendi is defined as the legal reasoning upon which the decision in that case was based and it might be adopted by judges in future cases when facing with identical facts lee mei pheng 2009 pg 29.

The decision handed down today by the federal court in the case of whether pakatan rakyat s mohammad nizar jamaluddin or barisan nasional s zambry abd kadir is the rightful menteri besar of perak ignored the established precedents. The principle of stare decisis includes obiter dictum and ratio decidendi. On the authority of sundralingam s case the practice of stare decisis in malaysia courts can be summed up in the following propositions. I may add that i agree entirely with his lordship s observation that the court of appeal is bound by the doctrine of stare decisis to follow the real danger of bias test for recusal adopted by the federal court in majlis perbandaran pulau pinang v.

Berkerjasama sama serbaguna sungai gelugor 1999 3 mlj 1. Necessary to reaffirm the doctrine of stare decisis which the federal court accepts unreservedly and which it expects the high court and other inferior courts in common law system. The doctrine of stare decisis malaysia is one of the countries that apply english common law system in legal system even after independence. Malaysia has a written constitution unlike the united kingdom.

Common law practices the doctrine of stare decisis which it applies when the court is hearing a case it must to. Can be cited as precedents in a process known as stare decisis. It simply means that you respect the legal precedent established in analogous cases in the past. The first advantage of judicial precedent is it can provide certainty in law it means that if the case has been solved before the court is bound to follow the solution.

Stare decisis is a hallowed principle in the jurisprudential canon. Legal method law 1030 doctrine of stare decisis in malaysia courts group 3 section 1 name matric number mohd anif bin rafih 1925287 arif bin hamdan 1920773 nadhirah yasmine binti mohamad yasim 1918010 alaa berghout 1923038 murshidah mardhiah binti syarqawi 1928906 dayangku nur anis amal fikriyah 1722580 1. 1999 3 clj 65 and mohamed ezam bin mohd nor 4 ors v. 2 courts of co ordinate jurisdiction are not bound by each other s decisions.

Judges from time to time affirm this position. O chang min tat fj in public prosecutor v datuk tan cheng swee 1980 2 mlj 276 277 it is mldr. The system of precedent is closely related to the court structure in malaysia.