Stare Decisis In Malaysia

Stare decisis ˈ s t ɛər r i d ɪ ˈ s aɪ s ɪ s ˈ s t ɑː r eɪ is a legal principle by which judges are obligated to respect the precedent established by prior decisions the words originate from the phrasing of the principle in the latin maxim stare decisis et non quieta movere. The doctrine of binding precedent or stare decisis is basic to the english legal system and to the legal systems that derived from it such as those of australia canada hong kong new zealand pakistan singapore malaysia and south africa. In a legal context this means.

sekolah menengah teknik tunku abdul rahman putra pulau pinang seksyen 148 kanun keseksaan hukuman seksyen 15 1 a akta dadah berbahaya seksyen 323 kanun keseksaan kerana seksyen 127 akta cukai pendapatan 1967 seksyen 302 kanun keseksaan sekolah teknik kuala lumpur seksyen 109 kanun keseksaan hukuman

On the authority of sundralingam s case the practice of stare decisis in malaysia courts can be summed up in the following propositions.

Stare decisis in malaysia. Common law system originated in england use the doctrine of stare decisis in the jurisdictions. Together malaysia and indonesia s reliance on the south china sea arbitration signals an increasing willingness for regional claimants to advocate for stare decisis determining principles based on legal precedent in response to prc aggressiveness in the south china sea. It simply means that you respect the legal precedent established in analogous cases in the past.

1 each court is bound by the decision of courts above it. 2 courts of co ordinate jurisdiction are not bound by each other s decisions. The civil law systems place relatively less weight on prior judicial decisions and do not abide by the doctrine of stare decisis unlike the common law system as described in section 1 3 2 and 1 3 3 above.

The doctrine of stare decisis malaysia is one of the countries that apply english common law system in legal system even after independence. 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. Lead up to merger with malaysia and singaporein malaysia 1961 1965.

Stare decisis is a hallowed principle in the jurisprudential canon. To stand by decisions and not disturb the undisturbed.