QUESTION 1

I. Criminal law prosecutions are usually brought by the State against defendants (the
accused). The prosecution must prove its case beyond a reasonable doubt. If the
State succeeds, the defendant will be found guilty and may be sent to jail meanwhile
civil law actions are between claimants and defendants. Claimants must prove their
case on the balance of probabilities. If the claimant is successful, the defendant will
be found liable and will have to pay compensation.

II. Procedural law, the law that prescribes the methods, procedure and machinery for
the enforcement of rights and obligations. On the other, substantive law alludes to
the law that deals with the subject matter of the case and states the rights and
obligations of the parties concerned. While procedural law determines the manner
in which the case is filed or appeal is made, the substantive law regulates the
conduct of the individual or government agency. The procedural law creates the
mechanism for the enforcement of the law. Unlike substantive law, which states the
rights and obligations of the citizens. The procedural law applies to both legal and
non-legal matters. Conversely, the substantive law cannot be applied to non-legal
matters. The statutory law regulates the procedural law, whereas substantive law is
governed by the act of parliament.

QUESTION 2

Doctrine of separation powers is division of the legislative, executive, and judicial functions

of government among separate and independent bodies. Such a separation, it has been argued,
limits the possibility of arbitrary excesses by government, since the sanction of all three branches is
required for the making, executing, and administering of laws. The doctrine may be traced to ancient
and medieval theories of mixed government, which argued that the processes of government should
involve the different elements in society such as monarchic, aristocratic, and democratic interests.
Accordingly, Malaysia is a country that values the separation of powers between the Executive,
Legislative and Judicial branches, as this provides checks and balances against one another.  Judicial
independence is the bedrock of a functioning democracy and it treats everyone as equal before the
eyes of the law.  This is irrespective of one’s political status or authority. Malaysia is a country that
values the separation of powers between the Executive, Legislative and Judicial branches, as this
provides checks and balances against one another.  Judicial independence is the bedrock of a
functioning democracy and it treats everyone as equal before the eyes of the law.  This is
irrespective of one’s political status or authority. Administration in Malaysia follows constitution
supremacy which means everything must be practiced and followed in accordance with constitution
only and anything in contrast will be declared null and void. Constitution followed as tradition even
when it comes to fundamental rights and liberties hence there is no separate Bill of rights in
Malaysia as Bill of Human Rights Act 1998 in England. The fundamental rights of an individual are
guaranteed in second part of Federal Constitution and this means it cannot be altered in the
ordinary way but requires two thirds of majority of the total numbers of legislature.