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LAW
LAW
Judicial decisions is also known as case law (case laws). Refers to the circumstances in which the
court referred to previous case decisions to settle disputes before them. However, judges in the cases
referred to earlier is bound by the principles of the doctrine of judicial precedent or the doctrine of
binding precedent. Judges cannot act recklessly in reference to previous cases and conditions in this
doctrine should be followed. Judicial decisions are a source of Malaysian law that is very important
and often used by courts. Theoretically, the law is made by legislative bodies such as parliament and
the state assembly. The duty of the court is to only interpret the approved law. However, as in the
common-law system, judges in interpreting indirectly have also made the law. The interpretations
made are usually to fill the vacancy inherent in statute legislation or to give new meaning as well as
Judicial decisions can be given two meanings: court decisions arising from legal interpretations made
by legislative bodies or court decisions using judicial precedent when deciding on cases where the
facts are similar. Under the doctrine of stare decisis, the court should follow the earlier decisions of
the higher courts and its own previous decisions (for some cases) and the equivalent courts (now and
then, if any, as long as these courts lies within the same hierarchy). In the application of the doctrine
of stare decisis, only the ratio of decedent cases that bind the case later and not the obiter dictum.
Decedent ratios are the legal principles that form the basis of the decision of the case.
However, it is somewhat more complicated in Malaysia because there are some revamps which
occurs in the hierarchy of courts in Malaysia. In general, the doctrine of stare decisis operates in two
ways, namely the declaratory precedent, in which the court shall follow the higher court decisions
and the original precedent, in which a half of the court shall follow the decisions of the earlier and
has been several reshuffles in the hierarchy of the courts in the country. For example:
1. Between 1985 and 1995 - the Supreme Court was the highest court in Malaysia, but after
2. Prior to 1985, the decisions of the federal court could be appealed to Privy Council and the
great YDP. But after 1995, the federal court was the Supreme Court and no appeal could be