马来西亚两个高等法院制度的法律与实践问题

IF 0.3 4区社会学 Q4 HEALTH POLICY & SERVICES

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-01-31 DOI:10.33093/ajlp.2023.1

Sheila Ramalingam, Johan Shamsuddin Sabaruddin, Saroja Dhanapal

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引用次数: 0

摘要

马来西亚成立于1963年9月16日，当时东马来西亚的两个州(沙巴和砂拉越)与西马来西亚或马来西亚半岛(当时称为马来亚联邦)联合。马来亚联邦的联邦宪法随后被广泛修改，以适应新的马来西亚联邦的成立。然而，作为沙巴州和沙捞越州加入马来亚并成为马来西亚联邦的妥协，司法和法律制度的许多方面，就像马来西亚成立之前一样，被保留了下来。这包括，除其他外，有两个具有协调管辖权和地位的高等法院，即西马来西亚的马来亚高等法院和东马来西亚的沙巴和砂拉越高等法院，这两个法院使用不同的语言，西马来西亚、沙巴和砂拉越分别有不同的法律专业，东马来西亚和西马来西亚就同一事项有不同的法律。虽然这一制度已经实行了五十多年，但它引起了各种法律和实际问题，至今仍未得到解决。本文试图突出其中的一些问题。

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The Legal and Practical Issues Related to the System of Two High Courts in Malaysia

Malaysia was formed on 16 September 1963 when among others, the two states in East Malaysia (Sabah and Sarawak) were federated with West Malaysia or Peninsula Malaysia (then known as the Federation of Malaya). The Federal Constitution of the Federation of Malaya was then extensively amended to accommodate the creation of the new Federation of Malaysia. However, as a compromise for the states of Sabah and Sarawak to join Malaya and become the Federation of Malaysia, many aspects of the judicial and legal system, as it was before the formation of Malaysia, were maintained. This included, among others, having two High Courts of co-ordinate jurisdiction and status, namely the High Court in Malaya for West Malaysia and the High Court in Sabah and Sarawak for East Malaysia, the use of different languages in both these courts, separate legal profession for West Malaysia, Sabah and Sarawak respectively, and different laws on the same subject matter between East and West Malaysia. Although this system has been in place now for over five decades, it has given rise to various legal and practical issues which have remained unresolved up till now. This paper seeks to highlight some of these issues.

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来源期刊

Asian Journal of Wto & International Health Law and Policy Multiple-

CiteScore

0.90

自引率

20.00%

发文量

期刊介绍： After Taiwan became the 144th Member of the WTO on January 1 2002 and recognizing the importance of WTO research, the WTO Research Center was established at the NTU College of Law in January, 2003 in order to conduct the research on WTO matters more efficiently. The WTO Research Center was transformed into the Asian Center for WTO & International Health Law and Policy (hereinafter ACWH or the Center) in December, 2005 to reflect the broad research scope of the Center. The original focus of the center was only on international trade law. Now it covers three major fields of research and training interests, namely international economic law (mainly WTO and investment), international health law (including the Framework Convention on Tobacco Control and the International Health Regulations), and international arbitration (including commercial and investor-State arbitrations). ACWH is designed to closely monitor the development of WTO rules, conduct in-depth research on the effect of the WTO rules on Taiwan’s economy, and put forth policy proposals.