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2. PHD Thesis / Tesis PHD
3. Faculty of Law / Fakulti Undang-undang

Title:	Uncertainties and inconsistencies in the law of contempt of court in Malaysia
Authors:	A. Vijayalakshmi Venugopal (P37180)
Supervisor:	Kamal Halili Hassan, Prof. Dr.
Keywords:	Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	7-Jan-2012
Description:	Contempt of court is a power entrusted to every judge by statutes and the inherent jurisdiction of the court. There are many uncertainties and inconsistencies in the law of contempt of court in Malaysia including the scope of this law being indistinct; many varied principles to be applied from various cases; different rules of procedure and sentencing limits applicable to different courts for contempt proceedings with some courts not having such rules of procedure and sentencing limits at all; and a number of different statutes and cases applicable to this law, reported under inconsistent headings. This research is a doctrinal study on the law of contempt of court in Malaysia. It attempts to examine the extent of discretion given to the judges in exercising their power to punish for contempt of court, highlight significant issues of uncertainty and inconsistency in the scope and application of this law, and propose important reforms to this law. Uncertainties and inconsistencies are inevitable features of a discretionary power, but when these features relate to significant rights and the legal system itself, this power may appear to be arbitrary, subjective and unfair and bring dishonour to the integrity and reputation of the legal system. This thesis proposes a more consistent statutory framework of this law for the various courts in Malaysia (except the syariah courts), to include it in judicial training and making concerted efforts to enable easier access to relevant legal principles. These proposals are not intended to eliminate the courts' discretion, but to make the law more transparent, easily accessible, clear and consistent and improve the courts' ability to apply this power as it is intended - to uphold the integrity of and public confidence in the administration of justice in Malaysia.,"Certification of Master's/Doctoral Thesis" is not available,Ph.D.
Pages:	321
Call Number:	C65.VIJ 2012 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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