How Malaysia's courts and judicial review work

A plain-language guide to Malaysia's court hierarchy, judicial independence and the role of judicial review in testing public power.

Direct answer

Malaysia's courts decide legal disputes, criminal cases and questions about the lawful exercise of public power. Superior courts include the High Courts, Court of Appeal and Federal Court, while subordinate courts handle matters within statutory jurisdiction. Judicial review examines legality, procedure and constitutional limits, not whether judges prefer a policy.

Sources: Attorney General's Chambers; Office of the Chief Registrar

Worked example

Challenging an administrative decision

A person disputing a licence refusal must identify the decision-maker, legal power, reasons, internal appeal and filing deadline. Judicial review is not a general policy appeal.

Sources: Attorney General's Chambers; Office of the Chief Registrar

Highest court: Federal Court
Superior courts: High Courts and Court of Appeal
Judicial review: Legality of public action

Different courts hear different cases

Jurisdiction depends on the type of case, law, value, penalty and stage of appeal.

The two High Courts are the High Court in Malaya and High Court in Sabah and Sarawak.
The Court of Appeal generally hears appeals from the High Courts.
Sessions and Magistrates' Courts exercise jurisdiction set by federal law.

Sources: Attorney General's Chambers; Office of the Chief Registrar

Judicial review is not a second political vote

A court reviewing government action asks whether the decision-maker had legal power, followed required procedure and respected constitutional and legal limits.

A court may uphold, quash or require reconsideration depending on the remedy available.
Disagreement with a policy alone does not establish illegality.
Judicial independence allows disputes to be decided according to law and evidence.

Sources: Office of the Chief Registrar; Office of the Chief Registrar

Common questions

Can courts cancel any government policy they dislike?

No. Courts decide legal questions and remedies. Political disagreement alone is not a legal ground.

Is every case appealable to the Federal Court?

No. Appeal routes and permission requirements depend on the type of case and governing law.