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  • Dr Navin C Naidu

Overview of native courts

We do not inherit the land from our ancestors, we borrow it from our children.

– Native American proverb

A close non-lawyerly examination and analysis of the Malaysian Federal Constitution (FC) will indicate that the sovereignty and exclusivity of Malaysian Native courts are found in its Article 145(3), and obliquely, in Article 8(5)(c).

Article 145(3) plainly says that the Attorney General has no legal duty or constitutional right to discontinue proceedings in sharia courts, military courts and native courts, although the political rights to discontinue proceedings are, probably, differently contemplated and conjured in our occidental-oriental, or Westminster – Eastminster concept of parliamentary democracy.

The voice of the people was made supreme by the English leaders after executing their king, Charles I, in 1648, and then instilling a constitutional monarch subject to parliamentary control. And they exported it to their colonies, Malaya included, of course.

At the time of writing, the dynamics of Malaysian democracy is underwritten by a sustainable insurance policy........


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